Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 2 contracts

Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)

AutoNDA by SimpleDocs

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, If Tenant shall surrender the delivers its Expansion Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) Second Acceleration Notice in accordance with the provisions of Section 27 hereof. Normal wear terms and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination conditions of this Lease, (i) Tenant shall remove Paragraph 10.D. and pays both installments of the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property Expansion Premises Second Acceleration Fee (as hereinafter defined) ), then, subject to the terms and Tenant's signage from the Premises and the other portions conditions of this Paragraph 10.D., effective as of the ProjectExpansion Premises Second Accelerated Termination Date, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior the Term of the Lease with respect to the Expiration Date (except floor or floors designated in the event of a termination of this Lease prior to the scheduled Expiration DateTenant’s Expansion Premises Second Acceleration Notice shall terminate, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall be and remain liable for the payment to Landlord for of all costs incurred in storing Rent and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant other sums due or accrued with regard to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration portion of the Term or earlier termination of this LeaseExpansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant with respect to such space prior to the Expansion Premises Second Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies and surrender possession thereof to Landlord in accordance with the provisions terms and conditions of this Section 10 the Lease on or prior to the Expansion Premises Second Accelerated Termination Date, such failure shall be treated as a holding over by Tenant, and Section 27 below, Tenant Landlord shall continue be entitled to be responsible for the payment all of Rent (as the same may be increased its remedies therefore pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion Article 12 of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsOriginal Lease.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord Not less than thirty (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (9030) days prior to the Expiration Date Date, as the same may be extended and subject to Landlord’s compliance with the Access Requirements set forth in Section 28.8, Landlord’s representative and Tenant’s representative shall conduct a walk-through of the Premises (except the “Walk-Through”) and shall identify the property to be removed by Tenant upon surrender, including, but not limited to, Xxxxxx’s personal property, trade fixtures, Tenant Improvements (as that term is defined in Exhibit G) but only to the extent Landlord identified such Tenant Improvements as requiring removal when it provided its consent, and any Alterations, but only to the extent Landlord identified such Alterations as requiring removal when it provided its consent (collectively, the “Tenant Property”), as well as Tenant’s repair and/or restoration obligations caused by the removal of such items and any touch-up work and repairs to be performed by Tenant prior to Tenant’s surrender of the Premises (the “Tenant Repairs”). Notwithstanding the immediately preceding sentence, in the event of a termination of this Lease 60447235.v9 prior to the scheduled Expiration Date, in which event no advance notice the date of the Walk-Through shall be required)as determined by the parties. Within five (5) Business Days after the date of the Walk-Through, require Tenant, at Tenant's expense, to remove any or all Alterations the parties shall agree in writing as to which Landlord notified Tenantthe specific items identified as Tenant Property and Tenant Repairs during the Walk-Through. At the termination of this Lease or Xxxxxx’s right of possession, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations the Tenant Property from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of the Tenant Property, or to restore the Premises to the required surrender condition upon the Expiration Date then Landlord, at Tenant’s sole cost and expense, shall be entitled (iiibut not obligated) to the extent Landlord has advised Tenant on or about the time that remove and dispose of the Tenant Improvements were constructed and installed Property in any manner Landlord deems appropriate and/or perform such restoration of the Premises that to the surrender condition required by this Lease, in which case Tenant is to remove all or portions shall reimburse Landlord for the actual documented expenses of Landlord incurred in removal of Tenant’s Property and restoration of the items comprising Premises to good working surrender condition required by the term of this Lease. Landlord shall not be responsible for the value, preservation or safekeeping of the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at following the expiration of the Term or earlier termination of this Lease. Tenant expressly waives any right to require or expect Landlord storage of any of Tenant’s Property at Tenant’s cost and expense following the Expiration Date, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue any right to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless seek damages from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion Landlord’s disposal of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsabandoned Tenant’s Property.

Appears in 2 contracts

Samples: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)

Surrender of Premises. At Prior to the expiration of the Term or earlier sooner termination of this Lease, Tenant shall shall, at Tenant’s sole cost, (a) promptly and peaceably surrender the Premises to Landlord (a) “broom clean,” in good condition order and repair (damage by acts of Godcondition, casualty, subject to normal and normal reasonable wear and tear excepted)tear, but (b) repair any damage to the Property caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner all non-working light bulbs holes and ballasts replaced other marks in the floors, walls and all roll-up doors and plumbing fixtures in good condition and working orderceilings of the Premises to Landlord’s reasonable satisfaction, and (bd) deliver all keys and access cards to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant’s sole cost, remove Tenant’s movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenantthis Paragraph 17.1, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises (other than Tenant’s business records and files (including electronic files and data), prototypes, trade secrets, signage, trademarks, merchandise or inventory or the personal effects of Tenant’s employees) without Landlord’s prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease beyond the expiration of any applicable notice and cure period given to Tenant in this Lease. If Tenant is in default under this Lease beyond the expiration of any applicable notice and cure period given to Tenant in this Lease, the fair market value of such personal property and trade fixtures left in the Premises and actually used by Landlord shall be credited to the delinquent amounts due under this Lease after all other amounts have been paid by Tenant to Landlord. If Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises are not surrendered by Tenant or by Landlord for Tenant, including, without limitation, any computer lines, wiring, cabling and facilities and other similar improvements, and to restore the Premises to their condition as of the Commencement Date, subject to normal and reasonable wear and tear; provided, however, that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease, Tenant shall have no obligation to remove any other improvements made by Tenant with Landlord’s prior written consent unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the expiration of the Term or earlier sooner termination of this Lease, and except that, in accordance with the provisions of this Section 10 and Section 27 belowall events, unless Landlord otherwise consents in writing, Tenant shall continue must remove all alterations, additions and improvements made to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant or by Landlord for Tenant that are located above the ceiling tile in so surrendering the Premises Premises, including, without limitation, any damagescomputer lines, expenseswiring, costscabling and facilities and other similar improvements, losses or liabilities arising to the extent required by the National Electric Code, as amended. All personal property, trade fixtures and other property of Tenant not removed from any claim against Landlord made by any succeeding tenant or prospective tenant founded the Premises on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such succeeding tenant property in excess of any amount received by Landlord from such disposition. No surrender of the Premises shall be effected by Landlord’s acceptance of the keys or prospective tenant, together with, of the rent or by any other means without Landlord’s written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant’s obligations under this Lease in each case, actual attorneys' fees connection with surrender of the Premises until Landlord has inspected the Premises and costsdelivered to Tenant a written release.

Appears in 2 contracts

Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofTenant. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before At the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (iiiA) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord has advised may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions before such earlier date of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstermination. Tenant shall repair any damage caused by such the installation or removal of the Tenant's ’s Removable Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 2 contracts

Samples: Office Lease (Power Efficiency Corp), Office Lease (CSR PLC)

Surrender of Premises. At the expiration By taking possession of the Term Premises, subject to Landlord's performance of its obligations under Section 7, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good its condition and repair (damage by acts as of Godthe Commencement Date, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove from the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) Premises all of Tenant's Personal Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice any Alterations required to Tenant given not later than ninety (90) days prior be removed pursuant to the Expiration Date (except in the event of a termination Section 9 of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsLease. Tenant shall repair any damage caused or perform any restoration work required by such removal the removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord same at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in including interest at the Premises as the property of LandlordInterest Rate. If the Premises are not so surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless indemnify Landlord against all Claims resulting from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant Xxxxxx in so surrendering the Premises Premises, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant founded on or resulting from such delay and tenant, losses and damages suffered by to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenanttenants, together with, in each case, actual and attorneys' fees and costs. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Xxxxxx's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and repairs and restoration of the Premises.

Appears in 2 contracts

Samples: Avantgo Inc, Avantgo Inc

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before Upon the expiration or earlier termination of this Lease, (i) Tenant shall remove Sublease or the Permitted Improvements (termination of Subtenant’s right of possession to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) Premises, Subtenant shall surrender and Tenant's signage from vacate the Premises and deliver possession thereof to Sublandlord peaceably and quietly in the other portions same condition they are in as of the Projectdate hereof, (ii) Landlord mayreasonable wear and tear and damage from casualty excepted, by notice and Subtenant shall further comply with all of Sublandlord’s duties as “Tenant” under the Prime Lease relating to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event surrender of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and if any. If: (iiia) to required by the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions terms of the items comprising Prime Lease or this Sublease; or (b) upon the Tenant Improvements occurrence of an Event of Default hereunder (the "Removable TIs"and in such case, at Sublandlord’s request), Tenant Subtenant shall promptly remove the Removable TIs. Tenant any alterations, installations, additions, and improvements, and Subtenant shall repair any damage caused occasioned by the removal thereof, all to the extent required by, and in accordance with, Section 9 hereof. If Subtenant shall fail to promptly remove any such removal of alterations, installations, additions, and improvements which Sublandlord or the Tenant's PropertyPrime Landlord shall designate to be removed in accordance with this Section, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the requested Alterations cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall also remove from the Removable TIs. For purposes hereofPremises all of Subtenant’s goods, the term "Tenant's Property" shall mean effects, movable personal property, business and refer to all equipment, trade fixtures, computer wiring and cablingmachinery and trade equipment, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I heretoshall repair all damage resulting from such removal. Any of Tenant's Property such items not so removed by Tenant as required herein Subtenant at the expiration or termination of this Sublease shall be conclusively deemed to have been abandoned and may be stored, removedby Subtenant. Subtenant shall not receive any cost or credit therefor, and disposed Sublandlord may dispose of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for the same without any damages resulting from Landlord's retention and disposition of such propertyliability to Subtenant; provided, however, Tenant that Subtenant shall remain liable to Landlord promptly reimburse Sublandlord for all costs any expenses incurred by Sublandlord in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Leaseconnection therewith, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, the cost of removal thereof and of repairing any damagesdamage caused thereby, expenses, costs, losses plus a fifteen percent (15%) administration fee. Subtenant shall have no obligation to remove any installations or liabilities arising from any claim against Landlord improvements made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises prior to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and coststhe Term.

Appears in 2 contracts

Samples: Sublease (Mesoblast LTD), Sublease (Mesoblast LTD)

Surrender of Premises. Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant commenced business operations therein, reasonable wear and tear and damage by fire or other casualty excepted and subject to Tenant’s obligations under Paragraphs 12, 13, 38 and 39 and the Tenant Improvement Agreement. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12 with respect to the removal of Alterations to the Premises, Paragraph 13 with respect to the removal of Tenant’s Signs, Paragraph 38 with respect to the removal of Equipment, Paragraph 39 with respect to removal of Lines, and Section 10 of the Tenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of this Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant’s Signs or Tenant Improvements, Tenant, at Tenant’s expense, shall remove such items and perform such repair and restoration work prior to the expiration of or upon the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not so surrendered at the expiration of the Term or earlier sooner termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant Paragraph 26 hereof shall continue apply. All keys to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so or any part thereof shall be surrendered in accordance with said provisionsto Landlord upon expiration or sooner termination of the Term. Tenant shall indemnifymeet with Landlord for a joint inspection of the Premises at the time of vacating, defend but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. If Tenant fails to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and hold restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the Indemnitees (hereafter defined) harmless term hereof, shall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any kind remaining in the Premises after the expiration or sooner termination of this Lease shall become the personal property of Landlord. Tenant hereby relinquishes all right, title and interest in the personal property and agrees that Landlord may dispose of the personal property as it sees fit in its sole discretion. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned property, and releases Landlord and Landlord Parties from and against any and all damagesLosses, expenseswhether now known or unknown, costs, losses arising out of or liabilities arising from any delay by Tenant relating to disposal of personal property remaining in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses after the expiration or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion sooner termination of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and coststhis Lease.

Appears in 2 contracts

Samples: Freshworks Inc., Freshworks Inc.

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, If Tenant shall surrender the delivers its Expansion Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) First Acceleration Notice in accordance with the provisions of Section 27 hereof. Normal wear terms and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination conditions of this LeaseParagraph 10.C. and pays both installments of the Expansion Premises First Acceleration Fee (as herein after defined), (i) Tenant shall remove the Permitted Improvements (then, subject to the extent Landlord has notified Tenant in writing terms and conditions of such removal this Paragraph 10.C., effective as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the ProjectExpansion Premises First Accelerated Termination Date, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior the Term of the Lease with respect to the Expiration Date floor designated in Tenant’s Expansion Premises First Acceleration Notice only (except in either the event of a termination of this Lease prior to Fourteenth Floor Expansion Premises or the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Fifteenth Floor Expansion Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited toboth) shall terminate, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall be and remain liable for the payment to Landlord for of all costs incurred in storing Rent and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant other sums due or accrued with regard to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration portion of the Term or earlier termination of this LeaseExpansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant with respect to such space prior to the Expansion Premises First Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies and surrender possession thereof to Landlord in accordance with the provisions terms and conditions of this Section 10 the Lease on or prior to the Expansion Premises First Accelerated Termination Date, such failure shall be treated as a holding over by Tenant, and Section 27 below, Tenant Landlord shall continue be entitled to be responsible for the payment all of Rent (as the same may be increased its remedies therefore pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion Article 12 of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsOriginal Lease.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Surrender of Premises. At Tenant agrees to surrender the expiration Premises at the termination of the Term tenancy herein created to Landlord including all of the Tenant's improvements and alterations in good condition (except for ordinary wear and tear occurring to the Premises and except for alterations that Tenant has the right to remove or earlier termination is obligated to remove under the provisions of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days its personal property prior to the Expiration Date (except in the event date of a termination of this Lease prior the tenancy and shall remove all other improvements and alterations to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantPremises if Landlord directs Tenant to do so, at Tenant's sole cost and expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused perform all restoration made necessary by such the removal of the any alterations or Tenant's Property, personal property prior to termination of the requested Alterations and the Removable TIstenancy. For purposes hereof, the term "Landlord can elect to retain or dispose of in any manner any alterations or Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property that Tenant does not remove from the Premises upon termination of the tenancy as allowed or required by this Lease by giving at least ten (10) days notice to Tenant, including, but not limited to, . Title to any such alterations or Tenant's personal property set forth that Landlord elects to retain or dispose of on Exhibit I heretoexpiration of the ten (10) day period shall vest in Landlord. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages damage to Tenant resulting from Landlord's ’s retention and or disposition of any such alterations or Tenant's personal property; provided, however, . Tenant shall remain be liable to Landlord for all costs incurred in storing Landlord's cost for storing, removing and disposing of such abandoned property any alterations of Tenant's personal property. All If Tenant Improvements and Alterations except those which Landlord requires Tenant fails to remove shall remain in surrender the Premises as to Landlord on the property of Landlord. If the Premises are not surrendered at the expiration termination of the Term or earlier termination of this Leasetenancy, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) Landlord harmless from any claims, damages, costs, expenses and against attorney’s fees incurred by Landlord as a result of Tenant's failure to surrender the Premises. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all damagesexpenses incurred in such removal including court costs and attorney’s fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession, expensesor Landlord may, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises includingat its option, without limitationnotice, sell said effects, or any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees Landlord and costsupon the expense incident to the removal and sale of said effects.

Appears in 2 contracts

Samples: Courthouse Square (Global Food Technologies, Inc.), Courthouse Square (Global Food Technologies, Inc.)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant otherwise performing has performed all of its obligations under this Lease. On or before the expiration or earlier termination of this Leasehereunder, (i) Tenant shall may remove the Permitted Improvements (to the extent Landlord has notified Tenant all unattached trade fixtures, furniture, and personal property placed in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and or elsewhere in the other portions of the ProjectBuilding by Tenant (but Tenant may not remove any such item which was paid for, (ii) Landlord mayin whole or in part, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be requiredLandlord or any wiring or cabling unless Landlord requires such removal), require Tenant. Additionally, at TenantLandlord's expenseoption, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and (iii) to the extent furniture as Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")may request; however, Tenant shall not be required to remove any addition or improvement to the Removable TIsPremises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from such disposition shall not be considered a strict foreclosure or other exercise of Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred rights in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration respect of the Term or earlier termination of this Lease, and in accordance with the security interest granted under Section 20. The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 2 contracts

Samples: Lease Agreement (Brooks Automation Inc), Lease Agreement (Brooks Automation Inc)

Surrender of Premises. At the Tenant shall, upon expiration of the Term or earlier termination of this Lease, Tenant shall promptly surrender the Premises (including all Alterations, additions and improvements which Landlord has not designated in writing that for removal from the Premises pursuant to Landlord (aSection 10.3(f)) in good ordinary operating condition and repair (in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear, damage by acts of God, fire or other casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working ordertakings, and (b) in accordance with the provisions of Section 27 hereofany items that Landlord is obligated to maintain, repair or replace. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before Upon the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to Tenant vacating the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration DatePremises, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove jointly inspect the Premises and Tenant shall either complete any required repairs or pay to Landlord the amount reasonably estimated by Landlord as necessary to put the Premises in the condition required to be surrendered hereunder. Any work required to be done by Tenant prior to its vacating of the Premises which has not been completed upon such requested Alterations from vacating of the Premises, shall be completed by Landlord and (iii) billed to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant. If Tenant is to remove all dispossessed by process of law or portions of the items comprising the Tenant Improvements (the "Removable TIs")otherwise, Tenant shall remove its Personal Property from the Removable TIsPremises. If Tenant shall repair any damage caused by such removal of the Tenant's fails to remove its Personal Property, the requested Alterations and the Removable TIs. For purposes hereofLandlord, the term "Tenant's Property" shall mean and refer at its option may, upon ten (10) days prior written notice to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, includingtreat such failure as a hold over, but not limited toand/or may (without liability to Tenant for loss thereof), at Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant ’s sole cost and expense and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) sell such items at private or public sale for such price as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against its discretion may obtain. Landlord for shall apply the proceeds of any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable sale to any amounts due to Landlord for all under this Lease from Tenant (including Landlord’s attorneys fees and other costs incurred in storing and disposing the removal, storage and/or sale of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Leaseitems), and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue any remainder to be responsible for the payment of Rent (as the same may be increased pursuant paid to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTenant.

Appears in 2 contracts

Samples: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this LeaseLease or Tenant’s right of possession, Tenant shall remove Tenant’s Property from the Premises (other than Alterations which Landlord agrees, or has previously agreed in a binding written notice or agreement, may be surrendered pursuant to the terms of this Lease), and quit and surrender the Premises to Landlord (a) Landlord, broom clean, and in good the same order, condition and repair as it was when originally delivered by Landlord to Tenant (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (whether pursuant to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes terms hereof, the term "Tenant's Property" shall mean Prior Lease or the Sublease Agreement), ordinary wear and refer to all equipmenttear, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property maintenance expressly required of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed Landlord by Tenant as required herein shall be deemed abandoned and may be stored, removedthe terms hereof, and disposed damage which Landlord is obligated to repair hereunder, removal and/or remediation of Hazardous Materials (as defined in Exhibit B) introduced to the Premises by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of during the Term or earlier termination for which Tenant is not liable pursuant to the terms and conditions of second paragraph of Article 5 of this Lease, and in accordance with the provisions damage caused by Casualty and Taking excepted. If Tenant fails to remove any of Tenant’s Property within 2 days after termination of this Section 10 Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and Section 27 belowexpense, Tenant shall continue be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the payment value, preservation or safekeeping of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisionsTenant’s Property. Tenant shall indemnifypay Landlord, defend upon demand, the expenses and hold the Indemnitees (hereafter defined) harmless storage charges incurred. If Tenant fails to remove Tenant’s Property from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises includingor storage, without limitationwithin 30 days after notice, Landlord may deem all or any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay part of Tenant’s Property to be abandoned and losses and damages suffered by Landlord due title to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, Tenant’s Property shall vest in each case, actual attorneys' fees and costsLandlord.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Surrender of Premises. At the expiration of the Term of this Lease or earlier termination of this Lease, Tenant shall surrender the Premises together with all alterations placed thereon by Tenant (except Alterations Tenant elects to remove or Alterations Landlord, in the exercise of reasonable discretion, informed Tenant, in connection with Landlord=s approval of the installation thereof, that Landlord (awould require Tenant to remove upon the expiration of the Lease) in good the same condition and repair (damage by acts as the same were in upon delivery of Godpossession thereto at the Commencement Date of the term of this Lease, casualty, and normal reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with shall surrender all keys to the provisions Premises to Landlord at the place then fixed for the payment of Section 27 hereofBasic Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any. Normal wear and tear Tenant shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing at such time remove all of its obligations under this Lease. On or before property therefrom and all alterations and improvements placed thereon by Tenant unless Landlord requires Tenant to leave the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssame. Tenant shall repair any damage to the Premises caused by such removal of the Tenant's Propertyremoval, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean any and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal such property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall shall, at Landlord's option, after five (5) business days notice to Tenant, become the exclusive property of Landlord or be deemed abandoned and may be stored, removed, and disposed of by Landlord Landlord, at Tenant's cost and expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable without further notice to Landlord for all costs incurred in storing and disposing of such abandoned property of or demand upon Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are be not surrendered at the expiration of the Term or earlier termination of this Leaseas above set forth, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises Premises, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant occupant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion delay. All property of Tenant not removed within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of Tenant from the Premises left thirty (30) days or longer after termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any such succeeding tenant or prospective tenant, together with, manner in each case, actual attorneys' fees and costsrespect thereto.

Appears in 2 contracts

Samples: Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofTenant. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before At the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear, casualties and repairs that are not Tenant’s responsibility hereunder, excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (iiiA) Cable installed by Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding any provisions contained in this Lease to the contrary, Landlord shall have the right to require Tenant to remove, at Tenant’s expense, upon the expiration or earlier termination of the Term, any Special Installations made or installed by Tenant or at Tenant’s expense in the Premises if, and only if, Landlord notifies Tenant to such effect in writing at the time of Landlord’s approval of the installation of such Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord has advised may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions before such earlier date of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstermination. Tenant shall repair any damage caused by such the installation or removal of the Tenant's ’s Removable Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 2 contracts

Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall will surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before at the expiration or earlier termination of this Lease in broom clean condition and repair, consistent with Tenant’s maintenance obligations under this Lease, (i) reasonable wear and tear, acts of Landlord, damage by casualty or Taking excepted, and otherwise in its then “as-is” condition. Tenant shall remove the Permitted Improvements (will, upon such expiration or earlier termination, surrender all keys to the extent Premises to Property Manager or to Landlord at the office of the Building, or as Landlord or Property Manager may otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, which Tenant has notified left in the Premises or on the Property. Tenant in writing of will at such removal as required in Section 10.1 abovetime remove (a) all of Tenant's Property ’s personal property and trade fixtures from the Premises, (b) all cabling which was placed in the Premises as hereinafter definedpart of Tenant’s Improvements or any Alterations, or otherwise by Tenant, (c) all Exterior Tenant Signage, all Interior Exclusive Floor Tenant Signage, all Rooftop Equipment and all emergency generators installed by or for Tenant's signage , and (d) those Non-Standard Alterations installed by Tenant that Landlord required be removed concurrently with Landlord’s approval of the plans therefor pursuant to Section 8.3, and (e) any other Tenant’s Improvements and Alterations which Tenant, in its sole discretion, elects to remove from the Premises and and/or Property; it being agreed that, other than the other portions items described in clauses (a) through (d) above or as expressly provided in this Lease, Tenant shall have the right, at the expiration or sooner termination of the ProjectTerm, (ii) Landlord mayto either remove from the Premises or Property or leave at the Premises or Property, any Tenant’s Improvements and Alterations installed by notice or on behalf of Tenant at the Property, at Tenant’s sole election, so long as the floor, wall and ceiling surfaces of the Premises are left finished and enclosed. Subject to Section 10.3.2, Tenant given not later than ninety (90) days prior will promptly repair any damage to the Expiration Date (except in the event of a termination of this Lease prior Premises caused by such removal. Subject to the scheduled Expiration Dateterms of Section 13.10, all property of Tenant not removed on or before the last day of the Term is deemed abandoned, unless Tenant is then in occupancy of the Premises pursuant to a month-to-month lease as described in Section 16.2, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as subject to the terms of said month-to-month lease. Landlord may remove any such abandoned property of Landlord. If from the Premises are not surrendered at the expiration of the Term or earlier upon termination of this Lease, and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant. Landlord will not be liable for damage, theft, misappropriation or loss thereof or in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered any manner in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsrespect thereto.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Dateor Tenant’s right of possession, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations Tenant’s Property and any and all Required Removables from the Premises, and (iii) quit and surrender the Premises to Landlord, broom clean, and in the same order, condition and repair as received, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted, and casualty and condemnation damage, as to which Sections 16 and 17 shall control. If Tenant fails to remove any of Tenant’s Property or Required Removables, or to restore the Premises to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions required condition as of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal date of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this LeaseLease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and in accordance with expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the provisions case may be, and/or perform such restoration of this Section 10 and Section 27 below, Tenant the Premises. Landlord shall continue to not be responsible for the payment value, preservation or safekeeping of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisionsTenant’s Property. Tenant shall indemnify, defend pay Landlord the expenses and hold the Indemnitees (hereafter defined) harmless storage charges incurred. If Tenant fails to remove Tenant’s Property from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises includingor storage, without limitationwithin thirty (30) days after notice, Landlord may deem all or any damagespart of Tenant’s Property to be abandoned and, expensesat Landlord’s option, costs, losses title to Tenant’s Property shall vest in Landlord or liabilities arising from Landlord may dispose of Tenant’s Property in any claim against manner Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsdeems appropriate.

Appears in 2 contracts

Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

Surrender of Premises. At the Tenant shall, upon expiration of the Term or earlier sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) broom clean, and in good order, condition and repair (damage by acts of Godrepair, casualty, and normal ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted). Tenant shall, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working orderat Tenant’s sole cost, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier remove upon termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) any and all of Tenant's Property ’s furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (as hereinafter defined) collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by Tenant and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior title to the Expiration Date (except in the event of a termination of same shall thereupon pass to Landlord under this Lease prior to the scheduled Expiration Dateas by a bxxx of sale, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and but Tenant shall remove remain responsible for the cost of removal and disposal of such requested Alterations from the PremisesPersonalty, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair as well as any damage caused by such removal removal. At or before the time of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, howeversurrender, Tenant shall remain liable comply with the terms of Section 8 hereof with respect to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordand all other matters addressed in such Section. If the Premises are not so surrendered at the expiration of the Term or earlier sooner termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until hereof shall apply. All keys to the Premises are so or any part thereof shall be surrendered in accordance with said provisionsto Landlord upon expiration or sooner termination of the Term. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering give written notice to Landlord at least 30 days prior to vacating the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and shall meet with Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such succeeding tenant notice or prospective tenantparticipate in such joint inspection, together withLandlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Section 31 beyond the term hereof, in each case, actual attorneys' fees shall constitute unlawful and costsillegal possession of Premises under Section 20 hereof.

Appears in 2 contracts

Samples: Office Lease (Cepheid), Consent Agreement (NovaRay Medical, Inc.)

Surrender of Premises. At Upon the expiration or earlier termination of the Term or earlier termination of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises to Landlord (a) in neat and clean condition and in good order, condition and repair repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only ordinary wear and use and damage by acts of Godfire or other casualty for which, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the under other provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant has no responsibility to repair or restore. Tenant shall remove the Permitted Improvements (all of Tenant’s Removable Property, and, to the extent specified by Landlord, all alterations and additions made by Tenant; and shall repair any damages to the Premises or the Building caused by such removal. Notwithstanding anything to the contrary contained herein, Landlord has notified shall not be entitled to require Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage to remove any wiring or cabling from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination unless (i) Tenant exercises its Acceleration Option in accordance with the terms of Article 17 of this Lease, or (ii) Tenant defaults under this Lease, and as a result thereof, Landlord terminates the Lease or Tenant’s right to possession of the Premises. Any Tenant’s Removable Property which shall remain in accordance with the provisions Building or on the Premises after the expiration or termination of the Term of this Section 10 Lease shall be deemed conclusively to have been abandoned, and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same either may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered retained by Landlord due to lost opportunities to lease any portion as its property or may be disposed of the Premises to any in such succeeding tenant or prospective tenantmanner as Landlord may see fit, together with, in each case, actual attorneys' fees at Tenant’s sole cost and costsexpense.

Appears in 2 contracts

Samples: Lease (Enova International, Inc.), Lease (Enova International, Inc.)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord with all improvements located therein as of the Commencement Date in the same repair and condition existing as of the Commencement Date (a) and with all subsequent alterations and improvements made by or for Tenant in compliance with Laws and otherwise in good condition repair and repair (damage condition), free of Hazardous Materials placed on the Premises by acts of Godany Tenant Party during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord notified Tenantall keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant and the Existing FF&E (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, and notwithstanding the time foregoing provisions of consentthis Section 21 to the contrary, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions and improvements installed by or on behalf of Tenant, and such trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (iii) to including Tenant's Off-Premises Equipment and the extent Existing FF&E), as Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")may request; however, Tenant shall not be required to remove any addition or improvement to the Removable TIsPremises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from such disposition shall not be considered a strict foreclosure or other exercise of Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred rights in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration respect of the Term or earlier termination of this Lease, and in accordance with the security interest granted under Section 20. The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord, except upon expiration of this Lease or earlier termination by Tenant pursuant to the provisions of this Lease. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant otherwise performing has performed all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")hereunder, Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal all trade fixtures which have not become part of the Tenant's PropertyPremises, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixturesfurniture, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain placed in the Premises as the property of by Tenant, and all such alterations, additions, improvements and wiring which, when approved by Landlord. If , were required to be removed from the Premises are not surrendered at the earlier expiration or termination of the Term or earlier termination of this Lease, and may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant from the Premises at the earlier expiration or termination of the Term of this Lease. Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in accordance with writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 2 contracts

Samples: Lease Agreement (Art Technology Group Inc), Lease Agreement (Art Technology Group Inc)

Surrender of Premises. No act or omission by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Substances placed on the Premises during the Term or during Tenant's occupancy of the Premises, casualtyif longer, and normal broom-clean, reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or as to which Sections 12 and 13 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant otherwise performing has performed all of its obligations under this Leasehereunder, Tenant may, prior to the end of the Term, remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord permits such removal). On Additionally, at Landlord's option, Tenant shall, prior to the end of the Term, remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any addition or before improvements to the Premises unless Landlord has notified Tenant of Landlord's request to remove same at the time Landlord approves the plans for addition or improvements. Tenant shall repair all damage caused by any removal prior to the expiration or earlier sooner termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the . All items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenantnot be considered a strict foreclosure. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the The provisions of this Section 10 and Section 27 below, Tenant 18 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 2 contracts

Samples: Lease Agreement (Premier Research Worldwide LTD), Lease Agreement (Eresearchtechnology Inc)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall will surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before at the expiration or earlier termination of this LeaseLease in good order, condition and repair, reasonable wear and tear, permitted Alterations, Casualty (isubject to Master Lessor’s and Landlord's rights with respect to any Landlord Unreleased Casualty Claim) Tenant shall remove the Permitted Improvements (and condemnation excepted, and will surrender all keys to the extent Premises to Property Manager or to 0000 Xxxx Xxxxxx 16 9/29/04 Office Lease Agreement Landlord has notified at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in writing of the Premises or on the Project. Tenant will at such removal as required in Section 10.1 above) time remove all of Tenant's Property (as hereinafter defined) and Tenant's signage its property from the Premises and, if Landlord so requests, all specified Alterations and the other portions of the Project, (ii) Landlord may, by notice to improvements Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from placed on the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall will promptly repair any damage to the Premises caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisionsremoval. Tenant shall indemnify, defend releases and hold the Indemnitees (hereafter defined) harmless will Indemnify Landlord from and against any and all damages, expenses, costs, losses Claim resulting from Tenant's failure or liabilities arising from any delay by Tenant in so surrendering the Premises in accordance with this Section, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord Claim made by any succeeding tenant or prospective tenant occupant founded on such delay. All property of Tenant not removed on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Tenant's sole cost and expense, all of Tenant's property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any such succeeding tenant or prospective tenant, together with, manner in each case, actual attorneys' fees and costsrespect thereto.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (ECC Capital CORP)

Surrender of Premises. At On the expiration Sublease Expiration Date, whether the Sublease Expiration Date occurs by expiration, lapse of time or otherwise, or the Term or earlier sooner termination of this LeaseSublease, Tenant Sublessee, at Sublessee’s sole cost and expense, shall quit and surrender the Premises Sublet Space to Landlord Sublessor in the same condition (a) in good condition and repair (damage by acts of God, casualty, and normal reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with which Sublessor has delivered the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (Sublet Space to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of TenantSublessee, including, but not limited towithout limitation, Tenant's property set forth the removal of all of Sublessee’s Changes and the restoration of the Sublet Space to its existing condition and finishes on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned the Sublease Commencement Date, provided that Sublessor may request Sublessee to surrender the Sublet Space in its then existing condition Sublessee hereby consents and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in agrees that if Sublessee should “hold over” after the Premises as the property of Landlord. If the Premises are not surrendered at the termination or expiration of this Sublease, Sublessee shall pay to Sublessor for use and occupancy of the Term Sublet Space for each month or earlier termination part thereof during which Sublessee shall hold over, a sum equal to two (2) times the Basic Rent and any additional rent payable hereunder during the last full month of this Lease, the Term. Sublessee hereby indemnifies and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) holds Sublessor harmless from and against any and all damages, expenses, costs, losses expenses (including, without limitation, attorneys’ fees), damages or liabilities arising from any delay by Tenant in so surrendering the Premises (including, without limitation, any damages, expenses, costs, losses or liabilities liability of Sublessor to Landlord) arising from any claim against Landlord made by any succeeding tenant the failure of Sublessee to surrender the Sublet Space in accordance with the terms of this Sublease upon the termination or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion expiration of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and coststhis Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (Drone USA Inc.), Sublease Agreement (Drone USA Inc.)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, Tenant shall surrender the Premises or Tenant’s right to Landlord (a) in good condition and repair (damage by acts of Godpossession hereunder, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expense’s sole cost and expenses, shall be entitled to remove any and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasestorage, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same case may be increased pursuant be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and title thereof shall immediately pass to Landlord made under this Lease as by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion a xxxx of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssale.

Appears in 2 contracts

Samples: Office Lease Agreement (Great Basin Scientific, Inc.), Office Lease Agreement

Surrender of Premises. At Except in the case of condemnation described in subsection 12(a), at the expiration or sooner termination of the Term or earlier termination term of this Lease, Tenant shall surrender the Leased Premises to Landlord (a) in good the same condition and repair (damage by acts as the Leased Premises were in upon delivery of Godpossession thereto under this Lease, casualty, and normal reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in accordance with the provisions of Section 27 hereofLeased Premises. Normal wear Tenant shall at such time remove all Tenant's Property, as well as any alterations or improvements, if requested to do so by Landlord and tear shall not include repair any damage to the Leased Premises caused thereby, and any or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Leasesuch properly not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. On or before Tenant agrees that if Tenant does not surrender the expiration or earlier termination Lease Premises to Landlord at the end term of this Lease, (i) then Tenant shall remove the Permitted Improvements (will pay to Landlord, to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 abovepermitted by law, one hundred fifty percent (150%) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Projectamount of the rent paid by Tenant for the last full month of the term for each month or portion thereof that Tenant holds over, (ii) unless such holdover is expressly permitted in advance by Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenantwriting. Furthermore, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")times, Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Propertyindemnify Landlord, the requested Alterations Mortgagee and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims Superior Lessor against Landlord for any damages loss or liability resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Leased Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant occupant founded on such delay. Tenant's obligation to observe or resulting from such delay and losses and damages suffered perform this covenant shall survive the expiration or other termination of the term of this Lease. No receipt of money by Landlord due to lost opportunities to lease from Tenant after termination of this Lease or the service of any portion notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Premises to term of this Lease or affect any such succeeding tenant Notice, demand, suit or prospective tenant, together with, in each case, actual attorneys' fees and costsjudgment.

Appears in 2 contracts

Samples: Aviation Sales Co, Kellstrom Industries Inc

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Property (as hereinafter defined) and Tenant's ’s signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior at or about the time Tenant requests Landlord’s consent to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required)an Alteration, require Tenant, at Tenant's ’s expense, to remove any or all such requested Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Alterations made to the Premises during its previous occupancy thereof prior to the Commencement Date of this Lease or any tenant improvements made by Landlord. Tenant shall repair any damage caused by such removal of the Tenant's ’s Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's ’s Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's ’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's ’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's ’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses losses, and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this LeaseLease or Tenant’s right of possession hereunder, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, remove all Required Removables (if any) under Section 8.03, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed quit and installed in surrender the Premises that Tenant to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear (and, if applicable, damage due to casualty or condemnation or other damage which Landlord is obligated to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsrepair hereunder) excepted. Tenant shall repair any damage caused by such the installation or removal of the Tenant's Property, the requested Alterations and the Removable TIs’s Property or Required Removables. For purposes hereof, the term "Tenant's Property" shall mean and refer If Tenant fails to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property remove any of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's ’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable or to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in restore or repair the Premises to the required condition as the property of Landlord. If the Premises are not surrendered at provided herein upon the expiration of the Term or of this Lease (or, as applicable, within two (2) days after any earlier termination of this LeaseLease or Tenant’s right to possession hereunder), then Landlord, upon written notice to Tenant and in accordance with at Tenant’s sole cost and expense, shall be entitled, but not obligated, to remove and store Tenant’s Property and/or perform such restoration or repair of the provisions of this Section 10 and Section 27 below, Tenant Premises. Landlord shall continue to not be responsible for the payment value, preservation, or safekeeping of Rent (as Tenant’s Property, and Tenant shall pay to Landlord, upon demand, the same may be increased pursuant expenses and storage charges so incurred. If Tenant fails to Section 20 below) until remove Tenant’s Property from the Premises are so surrendered or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against Landlord or Landlord may dispose of Tenant’s Property in any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against manner Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsdeems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (resTORbio, Inc.)

Surrender of Premises. At Subject to the provisions of Section 8, at the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord with those portions of the Premises which Tenant is responsible to maintain under subsection 16.2 in broom-clean condition, in substantially as good condition as when Tenant received the Premises from Landlord, subject to: (a) in good condition reasonable wear and repair tear; (b) damage by acts fire or other casualty which is not Tenant's responsibility to repair; (c) Landlord's repair, maintenance and replacement obligations; and (d) damage or deterioration caused by the negligence of GodLandlord or other occupants of the Shopping Center, casualtyor any of their agents, and normal employees, contractors, customers or invitees. Tenant shall not be required to remove any additions or alterations or restore the Building or the Premises to their original condition at the expiration or earlier termination of this Lease; provided, however, if the Lease is terminated because of Tenant's default within ten (10) years after the Rent Commencement Date, Tenant shall restore the Premises to substantially its original condition, reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear Tenant shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing promptly remove all of its obligations under equipment in the Premises at the expiration or earlier termination of this Lease. On or before Unless Landlord provides to Tenant, within thirty (30) days following the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from a notice stating that the Premises were not surrendered in the condition required by this Lease and specifically listing the other portions of the ProjectPremises which are not in such condition, (ii) Landlord may, by notice the Premises shall be deemed to Tenant given not later than ninety (90) days prior to the Expiration Date (except have been surrendered in the event of a condition required by this Lease. At the expiration or earlier termination of this Lease prior to the scheduled Expiration DateLease, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from assign to Landlord all warranties for property which remains in the Premises. Any alterations, and (iii) to the extent Landlord has advised Tenant on equipment or about the time that the Tenant Improvements were constructed and installed personal property remaining in the Premises that Tenant is to remove all or portions after the termination of the items comprising the Tenant Improvements (the "Removable TIs")Lease, Tenant shall remove the Removable TIs. Tenant shall repair any damage caused described in Landlord's notice and not timely removed by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, removed and disposed of by Landlord at Tenant's cost and expense, which cost and Tenant waives all claims against expense shall be paid within thirty days after demand. Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable have no obligation to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to store any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsitems.

Appears in 1 contract

Samples: Center Lease (Nbi Inc)

Surrender of Premises. At Upon the expiration of the Term or earlier sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition Landlord, broom clean and repair (damage by acts of Godwithout debris, casualtywith all machinery, equipment, furnishings and personal property removed therefrom, and normal in the same condition as received by Tenant except for ordinary wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions which Tenant was not otherwise obligated to remedy under any provision of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Paragraphs 22 and 23. In addition, Landlord may require Tenant to remove any Alterations (whether or before not made with Landlord’s consent) prior to the expiration or earlier termination of this the Lease and to restore the Premises to its prior condition, all at Tenant’s expense. All Alterations which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of the Lease, except that Tenant may remove (iand shall remove if so required by Landlord) any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall remove the Permitted Improvements (repair, at Tenant’s expense, any damage to the extent Premises or the Project caused by the removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other HVAC equipment; fencing or security gates; or other similar building operating equipment and decorations. Tenant shall give written notice to Landlord has notified Tenant in writing of such removal as required in Section 10.1 aboveat least thirty (30) all of Tenant's Property (as hereinafter defined) and Tenant's signage from days’ prior to vacating the Premises and the other portions shall meet with Landlord for a joint inspection of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, Premises at the time of consentvacating. In the event of Tenant’s failure to give such notice or participate in such joint inspection, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on Landlord’s inspection at or about the time that the Tenant Improvements were constructed and installed in after Txxxxx’s vacating the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall conclusively be deemed abandoned correct for purposes of determining Tenant’s responsibility for repairs and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsrestoration.

Appears in 1 contract

Samples: Lease (Dragonfly Energy Holdings Corp.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall will surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before at the expiration or earlier termination of this LeaseLease in good order, (i) Tenant shall remove the Permitted Improvements (condition and repair, reasonable wear and tear, Tenant’s Improvements, permitted Alterations and damage by casualty or condemnation excepted, and will surrender all keys to the extent Premises to Property Manager or to Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time place then fixed for Tenant’s payment of consentBasic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, that removal would be required; safes and Tenant shall remove such requested Alterations from the Premisesvaults, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed if any, in the Premises that or on the Property. If Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but does not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in surrender the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 belowsection, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall releases and will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold the Indemnitees (hereafter defined) harmless Landlord from and against any and all damages, expenses, costs, losses or liabilities arising Claims resulting from any Tenant’s delay by Tenant in so surrendering the Premises Premises, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord Claim made by any succeeding tenant or prospective tenant occupant founded on such delay. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires, all Alterations made by Tenant to the Premises (but only to the extent Landlord notified Tenant to remove such Alterations at the time Landlord approved the same, as more fully set forth herein). In no event shall Tenant be required to remove the initial Tenant’s Improvements at the expiration or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion earlier termination of the Lease. Further Tenant shall be entitled to remove, replace and substitute the following items from the Premises at any time during the term of this Lease: (i) all access and security systems and related gear and (ii) all other personal property of Tenant, including furniture, fixtures and equipment (collectively, the “Tenant Personalty”). Tenant will promptly repair any damage to any the Premises caused by the removal of such succeeding tenant Alterations and Tenant Personalty. All property of Tenant not removed on or prospective tenant, together with, in each case, actual attorneys' fees and costsbefore the last day of the Term (including the Tenant Personalty) is deemed abandoned.

Appears in 1 contract

Samples: Office Lease Agreement (Premiere Global Services, Inc.)

Surrender of Premises. At On the expiration date or sooner termination of the Term or earlier termination of this LeaseTerm, Tenant shall quit and surrender the Premises to Landlord (a) Landlord, in broom-clean good condition and repair (damage by acts of Godrepair, casualty, and normal reasonable wear and tear and damage by fire or casualty excepted), but as well as all keys to the Premises, together with all non-working light bulbs alterations, additions and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would improvements which may have been prevented by proper maintenance by Tenantmade in, on or Tenant otherwise performing all of its obligations under this Lease. On or before to the expiration or earlier termination of this LeasePremises, except (i) Tenant shall remove the Permitted Improvements (alterations, repairs, improvements and additions to the extent Landlord has notified Tenant in writing of such required removal as required provided in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the ProjectParagraph 12, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior for the Above Standard Improvements to the Expiration Date (except in the event of a termination extent removable by Tenant pursuant to Paragraph 3 of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premiseslease, and (iii) movable furniture and equipment, or unattached movable trade fixtures put in at the sole expense of Tenant. Landlord further agrees that Tenant shall not be required to remove ordinary office partition walls or carpeting that may have been installed by Tenant in the Premises. In the event Landlord shall have so notified Tenant pursuant to Paragraph 12 hereof that it will require the removal of alterations, additions or improvements as set forth above, then Tenant, prior to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions end of the items comprising Term, at its sole cost and expense, shall so restore the Tenant Improvements (the "Removable TIs")Premises, Tenant shall remove the Removable TIs. Tenant shall therefrom all of its movable property together with such alterations, additions and improvements, and fix and repair any and all damage or defacement to the Building and/or lands caused by such the installation and/or removal of the Tenant's Propertysuch alterations, the requested Alterations and the Removable TIs. For purposes hereofadditions, the term "Tenant's Property" shall mean and refer to all improvements, furniture, equipment, trade fixturesfixtures or any other property. Any or all of such property, computer wiring alterations, additions or improvements requested by Landlord to be removed at the time of consent thereto (or, if no consent was required or obtained, as otherwise provided in Paragraph 12) and cablingnot so removed, furnishingsat Landlord's option, inventories, goods and personal shall become the exclusive property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall Landlord or be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's cost and expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordwithout further notice or demand. If the Premises are be not surrendered at the expiration of the Term or earlier termination of this Lease, as and in accordance with the provisions of this Section 10 and Section 27 belowwhen aforesaid, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and indemnify Landlord against any and all damages, expensesloss or liability resulting therefrom, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant occupant founded on such delay. Tenant's obligation under this Paragraph shall survive the expiration or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion sooner termination of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Agreement of Lease (Playtex Products Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant otherwise performing has performed all of its obligations under this Lease. On or before the expiration or earlier termination of this Leasehereunder, (i) Tenant shall may remove the Permitted Improvements (to the extent Landlord has notified Tenant all unattached trade fixtures, furniture, and personal property placed in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and or elsewhere in the other portions of the ProjectBuilding by Tenant (but Tenant may not remove any such item which was paid for, (ii) Landlord mayin whole or in part, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be requiredLandlord or any wiring or cabling unless Landlord requires such removal), require Tenant. Additionally, at TenantLandlord's expenseoption, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (iiiincluding Tenant's Off-Premises Equipment) to the extent as Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")may request; however, Tenant shall not be required to remove any addition or improvement to the Removable TIsPremises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenantitems. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord in the same condition as received on the Commencement Date, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Related Party (iiicollectively, “Tenant HazMat Operations”), broom clean, and in good order, condition and repair, ordinary wear and tear and casualty excepted. In addition, Tenant shall not be required to remove any Landlord approved Alterations unless Landlord stated in writing at the time of approval of the Alteration that such Alternation would need to be removed. Tenant shall pay for or reimburse Landlord, as applicable, for any damage, expense or loss suffered by Landlord in connection with Tenant’s removal of Tenant’s Property or approved Alterations, if applicable. If Tenant fails to remove any of Tenant’s Property within thirty (30) days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the extent value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage, as the case may be, within thirty (30) days after Notice, Landlord has advised may deem all or any part of Tenant’s Property to be abandoned, and title to Tenant’s Property shall be deemed to be immediately vested in Landlord. At least two (2) months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the time Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the San Diego Facility are surrendered free from any residual impact from Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's PropertyHazMat Operations, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" cost of which actions shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed be reimbursed by Tenant as required herein shall be deemed abandoned and may be storedAdditional Rent, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable without regard to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain the limitation set forth in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costspreceding paragraph.

Appears in 1 contract

Samples: Lease Agreement (Quidel Corp /De/)

Surrender of Premises. At Upon the expiration of the Term or earlier sooner termination of this Lease, or upon the early termination of Tenant’s right to occupy the Premises, Tenant shall surrender all keys for the Premises and exclusive possession of the Premises to Landlord (a) broom clean and in good condition and repair (damage by acts of Godrepair, casualty, and normal reasonable wear and tear excepted (and casualty damage excepted), but with all non-working light bulbs of Tenant’s personal property, electronic, fiber, phone and ballasts replaced data cabling and all roll-up doors and plumbing fixtures in good condition and working order, and related equipment that is installed by or for the exclusive benefit of Tenant (b) to be removed in accordance with the provisions National Electric Code and other applicable Laws) and those items, if any, of Alterations identified by Landlord pursuant to Section 27 hereof13.1, removed therefrom and all damage caused by such removal repaired. Normal wear Notwithstanding anything contained herein to the contrary, Landlord, in its sole discretion and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by upon thirty (30) days written notice to Tenant, may require removal of the interior stairwell, if any, by either Tenant or Landlord, but in either event at the sole expense of Tenant. If Tenant otherwise performing all of its obligations under this Lease. On or before fails to remove by the expiration or earlier sooner termination of this Lease, (i) Tenant shall remove or upon the Permitted Improvements (early termination of Tenant’s right to occupy the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) Premises, all of Tenant's Property (as hereinafter defined) its personal property and Tenant's signage from the Premises and the other portions of the ProjectAlterations identified by Landlord for removal pursuant to Section 13.1, (ii) Landlord may, by notice (without liability to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be requiredfor loss thereof), require Tenant, at Tenant's expense’s sole cost and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove sell all or portions any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the proceeds of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer sale to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable amounts due to Landlord for all under this Lease from Tenant (including Landlord’s attorneys’ fees and other costs incurred in storing and disposing the removal, storage and/or sale of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Leaseitems), and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue any remainder to be responsible for the payment of Rent (as the same may be increased pursuant paid to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTenant.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Health Grades Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with shall deliver to Landlord all keys to the provisions of Section 27 hereofPremises. Normal wear and tear shall not include any damage or deterioration Provided that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing has performed all of its obligations under this Leasehereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). On or before Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of this the Lease) remove such alterations, additions (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) including stairs and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be requiredbank vaults), require improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant, at Tenant's expense, to remove any or all Alterations ’s Off-Premises Equipment) as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsmay request. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, ’s cost without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. If the Premises are not surrendered at The provisions of this Section 21 shall survive the expiration of the Term or earlier termination of this the Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease Agreement

Surrender of Premises. At Upon the expiration of the Term or earlier termination of this Leaselease, Tenant Xxxxxx shall surrender the Premises to Landlord (a) Lessor in good condition condition. C XXXXXX PAYABLE BY XXXXXX I nsurance. Lessee shall pay all building and repair (damage by acts liability insurance. In the event Lessor pays for building and/or liability insurance under an umbrella policy Lessee will reimburse Lessor the amount of Godthe premium allocated to building and/or liability insurance for the Premises. U tilities. Lessee shall pay all water, casualtygarbage or refuse collection, gas, and normal wear electric service fees. M aintenance. Lessee shall pay for all interior building maintenance, custodial services, repairs, pest control, and tear excepted)glass. Lessee shall pay for all construction, but with all non-working light bulbs landscaping and ballasts replaced ground maintenance for the play area to be constructed by Lessee on the north side of the Premises. T enant Improvements. Lessee shall pay for any Tenant Improvements whether by new construction or modification of existing improvements to the Premises. Lessee is permitted to change any and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed floor coverings in the Premises that to Lessee’s satisfaction. Prior to commencing work on Tenant Improvements Lessee will obtain Lessors written permission to conduct such Tenant Improvements. Lessor’s approval shall not be unreasonably withheld. Lessee may perform tenant improvements on the building and tenant-maintained areas as identified in “Exhibit A”. It is agreed tenant has the right to remove all or portions do any of the items comprising above improvements at any time during the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstenancy. Tenant shall repair Lessee is not required to make any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, includinglease improvements at any particular time, but we obtain the right and option to do so at any time during the tenancy. L essor Changes. Xxxxxx agrees to maintain premises in good condition, but also agrees not limited toto change the premises’ building, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be storedtrees, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for or parking lot in any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, way without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsXxxxxx’s written permission.

Appears in 1 contract

Samples: Charter Lease

Surrender of Premises. No act by Landlord will be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises will be valid unless it is in writing and signed by Landlord (except that no such writing shall be required upon the surrender of the Premises at the scheduled Termination Date). At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender must deliver to Landlord the Premises to Landlord (a) with all improvements in good condition repair and repair (damage by acts of Godcondition, casualtybroom-clean, and normal except for reasonable wear and tear excepted(and condemnation and Casualty damage, as to which Sections 12 and 13 above control). All alterations, but with all non-working light bulbs additions, improvements, equipment, wiring and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and furniture (b) in accordance with other than the provisions of Section 27 hereof. Normal wear and tear initial tenant improvements constructed pursuant to the Workletter which Tenant shall not include any damage be required by Landlord to remove) made in or deterioration that would have been prevented by proper maintenance by upon the Premises (for which Landlord has requested removal at the time of Landlord's consent) must, at Landlord's option upon notice to Tenant, either be removed by Tenant (and Tenant must repair all damage caused by such removal) or remain on the Premises without compensation to Tenant. Tenant otherwise performing must also deliver to Landlord all keys to the Premises. So long as Tenant has performed all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall may remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) unattached trade fixtures and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed personal property placed in the Premises by Tenant, provided that Tenant is remains obligated to remove repair all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed will be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenantitems. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the The provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for 18 will survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Coolsavings Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear, condemnation and Casualty damage and repairs required to be completed by Landlord excepted, and shall deliver to Landlord (a) in good condition and repair (damage by acts of Godall keys to the Premises. Tenant may remove all trade fixtures, casualtyracks, furniture, and normal wear and tear exceptedpersonal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling, unless Landlord requires such removal of such wiring or cabling by written notice to Tenant at the time that Landlord consents to the installation thereof, or, upon written request, consents to such removal). Additionally, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working orderat Landlord’s option, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment, and any such items that were permitted to the extent be installed by Tenant without Landlord’s prior written consent pursuant to Section 8(a) hereof) as Landlord has notified may request: however, Tenant in writing of such removal as shall not be required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any of the foregoing (including any wiring, conduit or all Alterations as to cabling) which Landlord notified Tenantwas installed by Landlord, or which Landlord, at the time of consentTenant obtained consent to install the same, that removal would did not specifically instruct Tenant in writing must be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsremoved. Tenant shall repair any all damage caused by such removal of removal. Following the Tenant's PropertyPermitted Holdover Period (if any), the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property items not so removed shell, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord. If the Premises are not surrendered at the expiration ’s rights in respect of the Term or earlier termination of this Lease, and in accordance with the security inters granted under Section 20(c). The provisions of this Section 10 and Section 27 below, Tenant 22 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Orthofix Medical Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Leasethe Lease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by casualty or condemnation excepted. As used herein, the term “Tenant’s Removable Property” shall mean:(a) any improvements, materials and equipment used in connection with Tenant’s laboratories which are not affixed to a portion of the Leased Premises and/or the Project; (iiib) any improvements to the Premises (collectively, “Leasehold Improvements”) that are installed by or for the benefit of Tenant, which are of a nature that, in Landlord’s reasonable judgment (based on competitive pricing from a minimum of two general contractors and related subcontractors, which pricing shall be made available to Tenant at the same time such pricing is provided to Landlord) would require removal and repair costs that are materially in excess of the removal and repair costs associated with improvements typically found in other office tenant spaces in comparable buildings in close proximity to the Project (exclusive of the items described in (a) and (c) of this Paragraph 7) (“Special Installations”); and (c) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises by providing Tenant with written notice (the “Special Installations Notice”) on or before May 1, 2015, stating that Landlord has elected to require Tenant to leave all or some of its Special Installations. If Landlord elects for a portion of Tenant’s Special Installations to remain, the Special Installations Notice shall include a detailed description and itemization of which Special Installations Landlord elects to have Tenant leave. If Landlord does not provide Tenant with the Special Installations Notice on or before May 1, 2015, Tenant shall not be obligated to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) business days after the expiration date of the term of the Lease or early termination of the Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the reasonable expenses and reasonable storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable law, any unused portion of the Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Substances) shall be deemed to be immediately vested in Landlord, subject to any written agreement between Landlord and a lender for Tenant whereby Landlord has advised subordinated its rights to such lender to Tenant’s Removable Property and the lender then has a valid lien on Tenant’s Removable Property. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant within two (2) business days after the expiration date of the term of the Lease or early termination of the Lease or of Tenant’s right to possession; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in advance of the expiration of the term of the Lease and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to five (5) days after the expiration of the term of the Lease for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including t he obligation to pay Base Rent and Tenant’s Proportionate Share of Tenant Costs on a per diem basis at the rate in effect for the last month of the term of the Lease. In the event the Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions before such earlier date of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstermination. Tenant shall repair any damage caused by such the installation or removal of the Tenant's ’s Removable Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Rules-Based Medicine Inc)

Surrender of Premises. At Whenever under the expiration terms hereof Landlord is entitled to possession of the Term or earlier termination of this LeasePremises, Tenant at once shall surrender the Premises and the Connector UPS Room and the keys thereto to Landlord (a) in good the same condition and repair (damage by acts of Godas on the Commencement Date hereof, casualty, and normal wear and tear only excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear Tenant shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing remove all of its obligations under this Leasepersonalty and all Rooftop Equipment therefrom and shall, if directed to do so by Landlord but subject to the contrary provisions of Exhibit B below with respect to the Exclusive Equipment, remove all improvements eligible for removal on the terms of Section 12 above (and/or any cabling installed by or on behalf of Tenant) and restore the Premises to its original condition prior to the construction of eligible improvements; provided, however, that Tenant shall not be obligated to remove any improvements (other than the Exclusive Equipment and all cabling as aforesaid) to the extent present in the Premises as of the Commencement Date. On If Tenant fails to remove any of Tenant’s personal property on or before the expiration or earlier termination of this Lease, (i) Tenant or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expense, shall remove the Permitted Improvements (be entitled to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from re-enter the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expenserepossess itself thereof, to remove any all persons and to remove and/or store all effects therefrom in accordance with applicable law, without being guilty of forcible entry, detainer, trespass or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesother tort, and (iii) to Landlord shall in no event be responsible for the extent Landlord has advised Tenant on value, preservation or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay to Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any such personal property from the Premises are not surrendered or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord at its option, may deem all or any part of such personal property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a xxxx of sale. Tenant's obligation to observe or LEGAL02/30607851v15 perform these covenants shall survive the expiration or other termination of the Term or earlier termination of this Lease, and in accordance with . If the provisions last day of the Term of this Section 10 and Section 27 belowLease or any renewal falls on Sunday or a legal holiday, Tenant this Lease shall continue to be responsible for expire on the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsbusiness day immediately preceding.

Appears in 1 contract

Samples: Lease Agreement (Healthsouth Corp)

Surrender of Premises. At All improvements made to the expiration Premises (“Leasehold Improvements”), whether temporary or permanent in character, by either party (except only movable office furniture and equipment not attached to the Building) are a part of the Term or earlier termination Building and are the property of this Lease, Tenant shall surrender Landlord when they are placed in the Premises without compensation to Landlord (a) in good condition and repair (damage by acts of GodTenant. However, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord mayLandlord, by written notice to Tenant given not later than ninety (90) within 30 days prior to the Expiration Date (except Date, may require Tenant to remove, at Tenant’s expense: any Leasehold Improvements that are performed by or for the benefit of Tenant and, in the event Landlord’s reasonable judgment, are of a termination nature that would require removal and repair costs that are materially in excess of this Lease prior to the scheduled removal and repair costs associated with standard office improvements (collectively “Special Improvements”). Without limitation, it is agreed that Special Improvements include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Special Improvements designated by Landlord shall be removed by Tenant before the Expiration Date, provided that upon prior written notice to Landlord, Tenant may remain in which event no advance notice the Premises for up to five (5) days after the Expiration Date for the sole purpose of removing the Special Improvements. Tenant’s possession of the Premises shall be required)subject to all of the terms and conditions of this Lease, require Tenantincluding the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Special Improvements. If Tenant fails to remove any Special Improvements or perform related repairs in a timely manner, Landlord, at Tenant's ’s expense, may remove and dispose of the Special Improvements and perform the required repairs. Tenant, within 10 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to remove Landlord, require Tenant to leave any Special Improvements in the Premises. Notwithstanding anything to the contrary, Cable shall not be construed to be a Special Improvement or all Alterations as otherwise required to which Landlord notified be removed by Tenant. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section 8.C), may request in writing that Landlord advise Tenant whether the Alteration or any portion of consentthe Alteration will be designated as a Special Improvement. Within 10 Business Days after receipt of Tenant’s request, that removal would Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will be required; considered to be Special Improvements. Upon the Expiration Date or any earlier termination of this Lease or Tenant’s right of possession, Tenant shall: (i) surrender to Landlord possession of the Premises in good repair and condition, reasonable wear and tear and damages or destruction by any insured casualty excepted, and (ii) deliver to Landlord all keys to the Premises and all parking access cards. If Tenant shall does not immediately surrender possession, Landlord may enter upon and take possession of the Premises and expel or remove such requested Alterations from Tenant and any other person who may be occupying the Premises, or any part thereof, by force if necessary, without having any civil or criminal liability therefor. All furniture, movable trade fixtures, and (iii) equipment installed by Tenant remains the property of Tenant and must be removed by Tenant at the termination of this Lease. Any removal of Tenant’s property must be accomplished in a good and workmanlike manner so as not to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in damage the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")Building. Tenant, Tenant shall remove the Removable TIs. Tenant or Landlord at Tenant’s expense, shall repair any damage to the Premises or the Building caused by such removal any removal. If Tenant fails to remove any of Tenant’s property within 5 days after the termination of this Lease or of Tenant's Property’s right to possession, Landlord at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s property. Tenant shall pay Landlord, upon demand, the requested Alterations expenses and storage charges incurred for Tenant’s property. In addition, if Tenant fails to remove Tenant’s property from the Removable TIs. For purposes hereofPremises or storage, as the term "Tenant's Property" shall mean and refer to case may be, within 10 days after written notice, Landlord may deem all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property or any part of Tenant’s property to be abandoned, including, but not limited to, and title to Tenant's ’s property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered immediately vested in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsLandlord.

Appears in 1 contract

Samples: Office Lease (JRjr33, Inc.)

Surrender of Premises. At the expiration of the Term or upon earlier termination of this Lease, Tenant shall peaceably surrender possession of the Premises to Landlord in broom-clean condition and in as good condition as when Tenant took possession, except for reasonable wear and tear. Tenant shall have the right to remove from the Premises any of Tenant’s machinery, equipment, trade fixtures or furnishings which may be removed without causing damage to the Premises, and, subject to Section 13.1 herein, Tenant shall remove any Alterations and any other alterations, additions, improvements, machinery, equipment, trade fixtures or furnishings installed by Tenant which Landlord shall direct to be removed in accordance with the provisions of this Lease. Tenant shall not be obligated to remove any Alterations or any other alterations, additions, improvements, machinery, equipment, trade fixtures or furnishings that Tenant did not install, and more specifically shall not be required to remove the prior tenant’s cabling currently in place. Tenant shall promptly repair any damage to the Premises or the Building caused by any such removal. Any personal property of Tenant not removed from the Premises shall be deemed to have been abandoned by Tenant and, at Landlord’s option, shall thereupon become the property of Landlord. If Landlord elects to remove all or any part of Tenant’s personal property, the cost of removal, including the cost of repairing any damage to the Premises or the Building caused by such removal, and the cost of any storage shall be paid by Tenant. At the expiration of the Term or upon any earlier termination of this Lease, Tenant shall surrender all keys to the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofLandlord. Normal wear and tear shall not include any damage No act or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property conduct of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damagesthe acceptance of keys to the Premises, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Landlord to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees Tenant shall constitute acceptance of the surrender of the Premises and costsaccomplish a termination of the Lease.

Appears in 1 contract

Samples: Jaguar Health, Inc.

Surrender of Premises. At Upon the expiration or sooner termination of the Term or earlier termination of this LeaseLease Term, Tenant shall agrees to quit and surrender the Premises to Landlord (a) premises, broom-clean, in good condition and repair (damage by acts of Godrepair, casualtyreasonable use, and normal wear and tear tear, natural deterioration and insured casualty excepted), but together with all non-working light bulbs keys and ballasts replaced combinations to locks, safes and vaults and all roll-up doors improvements, alterations, additions, lighting fixtures and plumbing equipment at any time made or installed in, upon or to the interior or exterior of the Premises, except personal property, signs and trade fixtures put in good condition and working orderat Tenant’s expense, and (b) in accordance with all of which shall then become the provisions property of Section 27 hereof. Normal wear and tear shall not include Landlord without any damage or deterioration that would have been prevented by proper maintenance claim by Tenant, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or Tenant otherwise performing all in lieu of its obligations under this Leaseany rent reserved hereunder. On or before Before surrendering the expiration or earlier termination of this LeasePremises, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) ’s personal property, signs and Tenant's signage from the Premises trade fixtures and, at Landlord’s option, Tenant shall also remove any alterations, additions, fixtures, equipment and the other portions of the Projectdecorations at any time made or installed by Tenant in, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior upon or to the Expiration Date (except in the event interior or exterior of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) Tenant further agrees to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal thereby. If Tenant shall fail to remove any of the Tenant's Property, the requested Alterations ’s said personal property and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cablingsaid property shall, furnishingsat the option of Landlord, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall either be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in become the Premises as the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If Tenant shall leave any of said personal property or trade fixtures on the Premise with Landlord’s consent, then Landlord shall have the right to remove and store such property, at the expense of Tenant, upon twenty-four (24) hours’ notice to Tenant and to hold Tenant responsible for any and all charges and expenses incurred therefor. If the Premises are be not surrendered at the expiration of the Term or earlier termination of this Lease, as and in accordance with the provisions of this Section 10 when aforesaid and Section 27 belowafter Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall continue to be responsible for indemnify Landlord against all loss or liability resulting from the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises same, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant occupant founded on such delay. Tenant’s obligations under this Paragraph 31 shall survive the expiration or resulting from such delay and losses and sooner termination of the Lease Term. At the termination of the Lease Term, Landlord shall have the right to apply the Deposit specified in Section 1(g) to any damages suffered incurred by Landlord due as a result of Tenant’s failure to lost opportunities to lease perform any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsits obligations under this Lease.

Appears in 1 contract

Samples: Agreement of Lease (1847 Holdings LLC)

Surrender of Premises. At Upon the expiration of the Term or earlier termination of this LeaseTermination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord (a) in a clean, good condition and repair (damage by acts of Godtenantable condition, casualtyordinary wear and tear, and normal wear and tear damage caused by Landlord excepted), but with . Tenant shall deliver to Landlord all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with keys to the provisions of Section 27 hereofPremises. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises all movable personal property of Tenant and the other portions Tenant’s trade fixtures, including, subject to Section 6.03, cabling for any of the Project, (ii) Landlord may, by notice to foregoing. Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, entitled to remove any or all Alterations as to such Tenant Additions which Landlord notified Tenant, at the time of consent, that removal would be required; their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Article 12 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration regardless of the Term or earlier termination foregoing, in any event, Landlord may require removal of this Leaseany Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and in accordance with the provisions of this Section 10 and Section 27 belowand, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant subject to Section 20 below) until 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such succeeding tenant property and store, sell or prospective tenantotherwise deal with such property as provided in Section 11.02(b), together withincluding the waiver and indemnity obligations provided in that Section, in each caseand undertake, actual attorneys' fees and costsat Tenant’s expense, such restoration work as Landlord deems necessary or advisable.

Appears in 1 contract

Samples: Workletter Agreement (Modular Medical, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, The Tenant shall covenants to surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of tenancy created in this Lease, in the same condition as the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, damage by fire or the elements, and unavoidable casualty excepted, and agrees to surrender all keys for the Premises to the Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same Landlord may be increased pursuant to Section 20 below) until enter into the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless remove from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises includingall or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without limitationany liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Landlord. The Tenant's obligation to observe or perform the covenants contained in this Lease will survive the expiration or other termination of the Term. Hazardous Materials The Tenant will not keep or have on the Premises any damagesarticle or thing of a dangerous, expensesflammable, costs, losses or liabilities arising from any claim against Landlord made explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsresponsible insurance company.

Appears in 1 contract

Samples: Commercial Lease Agreement

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall will surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before at the expiration or earlier termination of this LeaseLease in good order, condition and repair, reasonable wear and tear, permitted Alterations (iexcept for Structural Alterations or Non-Customary Office Improvements which Landlord identified when initially approved as such and has required that Tenant via written notice at time of expiration remove) Tenant shall remove the Permitted Improvements (and damage by casualty or condemnation excepted, and will surrender all keys to the extent Premises to Property Manager or to Landlord has notified at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in writing of the Premises or on the Property. Tenant will at such removal as required in Section 10.1 above) time remove all of Tenant's Property (as hereinafter defined) its equipment, furnishings, personal property and Tenant's signage machinery from the Premises and, if Landlord so requires, all specified Alterations and improvements, including Non-Customary Office Improvements identified when initially approved as such in accordance with Section 8.1, Tenant placed on the other portions Premises. Tenant will not be required to remove any cabling or low voltage wiring in the Premises. In addition, at Landlord’s option, exercised by delivery of the Project, (ii) Landlord may, by written notice to Tenant given not no later than ninety three (903) days months prior to the Expiration Date (except expiration of the Term, Tenant will remove any Alterations Tenant constructs in the event violation of a termination Article 8 of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this LeaseLease if said Alterations are subject to removal under this Lease as Non-Customary Office Improvements. Tenant will promptly repair any damage to the Premises caused by such removal. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and reasonable expense, all of such abandoned property from the Premises and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered any manner in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Paylocity Holding Corp)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, Tenant shall surrender the Premises or Tenant’s right to Landlord (a) in good condition and repair (damage by acts of Godpossession hereunder, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expense’s sole cost and expenses, shall be entitled to remove any and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasestorage, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same case may be increased pursuant be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and title thereof shall immediately pass to Landlord made under this Lease as by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion a xxxx of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssale.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Amedica Corp)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall will surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before at the expiration or earlier termination of this LeaseLease in good order, (i) condition and repair, reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted, and will surrender all keys to Landlord or Property Manager at the place then fixed for Tenant’s payment of Basic Rent or as Landlord may otherwise direct. Tenant shall will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage its property from the Premises and the other portions of the Projectand, (ii) if Landlord mayso requests, by notice to all previously specified Alterations Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from placed on the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall will promptly repair any damage to the Premises caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but If Tenant does not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in surrender the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 belowsection, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall will release, indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold the Indemnitees (hereafter defined) harmless Landlord from and against any and all damages, expenses, costs, losses or liabilities arising Claim resulting from any Tenant’s delay by Tenant in so surrendering the Premises Premises, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord Claim made by any succeeding tenant or prospective tenant occupant founded on such delay. All property of Tenant not removed on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any such succeeding tenant or prospective tenant, together with, manner in each case, actual attorneys' fees and costsrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Horizon Health Corp /De/)

Surrender of Premises. At the Upon termination or earlier expiration of this Lease, or upon the Term exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease, Tenant will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or cause to be removed, from the Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, Tenant shall surrender all of Tenant’s signs, notices, displays, millwork, non-movable trade fixtures, or, subject to Subsection 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building. Tenant agrees to Landlord (a) in good condition and repair (repair, at Tenant’s expense, any damage by acts to the Premises or the Building resulting from the removal of Godany articles of personal property, casualtymovable business or trade fixtures, and normal wear and tear excepted)machinery, but with all equipment, furniture, movable partitions or non-working light bulbs Building standard tenant improvements, including without limitation, repairing the floor and ballasts replaced patching and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with painting the provisions of Section 27 hereofwalls where reasonably required by Landlord. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its ’s obligations under this Lease. On or before Section 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord’s option, (ia) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the other portions expense of Tenant. Any property of Tenant remaining in the Project, Premises ten (ii) Landlord may, by notice to Tenant given not later than ninety (9010) days prior to after the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this LeaseLease will be deemed to have been abandoned by Tenant, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same such case such items may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered retained by Landlord due as Landlord’s property or disposed of by Landlord without accountability to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together withTenant, in each casesuch manner as Landlord determines, actual attorneys' fees and costsat Tenant’s expense.

Appears in 1 contract

Samples: Office Building Lease (Heartland Payment Systems Inc)

Surrender of Premises. At Upon the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted)including, but with not limited to, replacing all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and working order, and (b) in accordance with the provisions of Section 27 hereoftear. Normal Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier Upon such termination of this Lease, (i) Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing at the Permitted Improvements time of Landlord's delivery of its consent to such installation, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to the extent such termination of this Lease, Landlord has notified shall notify Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property those fixtures (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be requiredtrade fixtures), alterations, additions and other improvements which Landlord shall require Tenant, at Tenant's expense, Tenant not to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such the installation or removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipmentsuch signs, trade fixtures, computer wiring and cablingfurniture, furnishings, inventoriesfixtures, goods additions and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so improvements which are to be removed from the Premises by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordhereunder. If the Premises are not surrendered Landlord fails to so notify Tenant at the expiration of the Term or earlier least twenty (20) days prior to such termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, then Tenant shall continue to be responsible for remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the payment of Rent (as the same may be increased pursuant to Section 20 belowTenant Improvements) until installed in or about the Premises are so surrendered in accordance with said provisionsby, or on behalf of Tenant. Tenant shall indemnify, defend ensure that the removal of such items and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion repair of the Premises will be completed prior to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and coststermination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender All improvements to the Premises (collectively, "Leasehold Improvements" shall be owned by Landlord and shall remain upon the Premises with out compensation to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofTenant. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before At the expiration or earlier termination of this LeaseLease or Tenant's right o possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and quit and surrender the other portions of the ProjectPremises to Landlord, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesbroom clean, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed in good order, condition and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")repair, Tenant shall remove the Removable TIsordinary wear and tear excepted. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereofAs used herein, the term "Tenant's Removable Property" shall mean (A) Cable installed by or for the benefit of Tenant and refer located in the Premises or other portions of the Building (B) any Leasehold improvements that are installed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ("Special Installations"); and (C) Tenant's personal property. Landlord shall within 10 Business Days after its receipt of (i) the Approved Construction Documents (as defined in the Work Letter attached hereto as Exhibit D) with respect to all equipmentthe Landlord Work, trade fixturesand (ii) the plans and specifications with respect to any Alterations, computer wiring notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord's sole discretion and cablingat no cost to Landlord, furnishings, inventories, goods and personal property require Tenant to leave any of its Special Installations in the Premises . If Tenant fails to remove any of Tenant's Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 5 days after the termination of this Lease or of Tenant's right to possession, includingLandlord, at Tenant's sole cost and expense, shall be entitled (but not limited toobligated) to remove and store Tenant's Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant's Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant's Security Deposit maybe applied to offset Landlord's costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant's Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant's Removable Property to be abandoned, and title to Tenant's Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Removable Property not so shall be removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from before the Expiration Date; provided that upon Landlord's retention prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and disposition of such property; provided, howeverwhich shall not be unreasonably withheld), Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall may remain in the Premises as for up to 5 days after the property Expiration Date for the sole purpose of Landlordremoving Tenant's Removable Property. If Tenant's possession of the Premises are not surrendered at the expiration for such purpose shall be subject to all of the Term or earlier termination terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant's Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible effect for the payment last month of Rent the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant's Removable Property (as except for Special Installations designated by Landlord to remain in the same may Premises) shall be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisionsremoved by Tenant on or before such earlier date of termination. Tenant shall indemnify, defend and hold repair damage caused by the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses installation or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion removal of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTenant's Removable Property.

Appears in 1 contract

Samples: Office Lease (Hallmark Financial Services Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom clean, and normal reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant) excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with shall deliver to Landlord all keys to the provisions of Section 27 hereofPremises. Normal wear and tear shall not include any damage or deterioration Provided that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing has performed all of its obligations under this Leasehereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Project by Tenant (but Tenant may not remove any item that was paid for, in whole or in part, by Landlord). On Additionally, Tenant shall have no obligation to remove any alterations, additions or before the expiration or earlier termination of this Leaseimprovements; however, Landlord may require that Tenant remove (i) all wiring, conduits and cabling installed by Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of or at Tenant's Property (as hereinafter defined) ’s request and Tenant's signage from the Premises and the other portions of the Project, (ii) any addition or improvement to the Premises or the Project made after the initial build-out if Landlord may, by notice specifically required Tenant to Tenant given not later than ninety (90) days remove such addition or improvement prior to the Expiration Date (except in the event Landlord’s approval of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssame. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of any security interest granted hereunder. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the The provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Online Resources Corp)

Surrender of Premises. At the Tenant shall, upon expiration of the Term or earlier sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to same condition as existed on the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and date Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenantoriginally took possession thereof, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be storedall interior walls cleaned, removedall holes in walls repaired, and disposed of by Landlord at Tenant's expenseall floors cleaned, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Tenant waives shall remove all claims against Landlord for any damages resulting of its debris from Landlord's retention and disposition the Project. At or before the time of such property; provided, howeversurrender, Tenant shall remain liable comply with the terms of Paragraph 12.A hereof with respect to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordand all other matters addressed in such Paragraph. If the Premises are not so surrendered at the expiration of the Term or earlier sooner termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant Paragraph 25 hereof shall continue apply. All keys to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so or any part thereof shall be surrendered in accordance with said provisionsto Landlord upon expiration or sooner termination of the Term. Tenant shall indemnify, defend and hold the Indemnitees give written notice to Landlord at least thirty (hereafter defined30) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering days prior to vacating the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and shall meet with Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such succeeding tenant notice or prospective tenantparticipate in such joint inspection, together withLandlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the term hereof, in each case, actual attorneys' fees shall constitute unlawful and costsillegal possession of Premises under Paragraph 25 hereof.

Appears in 1 contract

Samples: Agreement of Sublease (Primal Solutions Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or as to which Sections 15 and 16 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant otherwise performing has performed all of its obligations under this Leasehereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). On All alterations, additions or before improvements made in or upon the expiration or earlier termination of this LeasePremises shall, at Landlord's option, (i) to be exercised pursuant to following sentence), either be removed by Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date end of the Term (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove repair all or portions of the items comprising the Tenant Improvements (the "Removable TIs"damage caused thereby), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove or shall remain in the Premises as at the property end of the Term without compensation to Tenant. In connection with Landlord. If 's review and approval of any of Tenant's proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises are and delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Premises at the expiration of the Term, Landlord may not surrendered request such removal at the expiration of the Term. A "Removal Notice" means a written notice from Tenant to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations prior to the expiration of the Term. Notwithstanding the foregoing, if Tenant does not obtain Landlord's prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall, at Landlord's written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. Notwithstanding the foregoing, Landlord hereby acknowledges that Landlord will not require the removal or restoration of the improvements set forth on the Space Plans attached hereto as Exhibit D-1 at the expiration of the Term or earlier termination of provided Tenant has complied with its maintenance and repair obligations under this Lease. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and in accordance with the may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Section 10 and Section 27 below, Tenant 22 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Airvana Inc)

Surrender of Premises. At the expiration By taking possession of the Term Premises, except as otherwise provided herein, Tenant shall be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good its condition and repair (damage by acts as of Godthe applicable Rent Commencement Date, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working orderprovided, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration however, that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove from the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) Premises all of Tenant's Property (as hereinafter defined) Removable Trade Fixtures and Tenant's signage from the Premises Portable Equipment and the other portions of the Project, (ii) Landlord may, by notice any Alterations required to Tenant given not later than ninety (90) days prior be removed pursuant to the Expiration Date (except in the event of a termination Section 9 of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsLease. Tenant shall repair any damage caused or perform any restoration work required by such removal the removal. If Tenant fails to timely remove any Removable Trade Fixtures, Portable Equipment or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord same at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in including interest at the Premises as the property of LandlordInterest Rate. If the Premises are not so surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless indemnify Landlord against all Claims resulting from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises Premises, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant founded on or resulting from such delay and tenant, losses and damages suffered by to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenanttenants, together with, in each case, actual and attorneys' fees and costs. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for removal of Alterations and repairs and restoration of the Premises.

Appears in 1 contract

Samples: Lease (Lynx Therapeutics Inc)

Surrender of Premises. At Tenant shall surrender possession of the Premises to Landlord at the expiration of the Term or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall surrender upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear exceptedwith counsel reasonably acceptable to Landlord), but with all non-working light bulbs protect and ballasts replaced hold harmless the Landlord Parties from and all roll-up doors and plumbing fixtures against any Claim resulting from Tenant’s failure or delay in good condition and working order, and (b) surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the provisions last day of Section 27 hereofthe Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Normal wear Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenantexpense, or Tenant otherwise performing all of its obligations under this Lease. On or before Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Landlord shall not be liable for disposal, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all damage, theft, misappropriation or loss of Tenant's Property (as hereinafter defined) and Tenant's signage ’s property resulting from the Premises and the other portions removal or storage of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's ’s property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for or in any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred manner in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (CaliberCos Inc.)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within five (5) day after the termination of this Lease, Tenant shall surrender the Premises or Tenant’s right to Landlord (a) in good condition and repair (damage by acts of Godpossession hereunder, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expense’s sole cost and expenses, shall be entitled to remove any and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasestorage, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same case may be increased pursuant be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and title thereof shall immediately pass to Landlord made under this Lease as by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion a xxxx of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssale.

Appears in 1 contract

Samples: Office Lease Agreement (Quest Resource Corp)

Surrender of Premises. At 35.1. Upon the expiration or sooner termination of the Term or earlier termination of this Lease, Tenant shall agrees to quit and surrender the Premises to Landlord (a) Premises, broom-clean, in good condition and repair (damage by acts of Godrepair, casualty, and normal reasonable wear and tear and casualty excepted), but together with all non-working light bulbs keys and ballasts replaced combinations to locks, and all roll-up doors and plumbing fixtures in good condition and working orderimprovements, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include alterations, at any damage time made or deterioration that would have been prevented by proper maintenance by Tenantinstalled in, upon or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing interior or exterior of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, except Personal Property and (iiiother unattached movable trade fixtures put in at Tenant’s expense, including propriety banking trade fixtures such as bank vault(s) and safe deposit boxes, shall thereupon become the property of Landlord without any claim by Tenant therefore but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")Premises, Tenant shall remove the Removable TIs. all of Tenant’s Personal Property and unattached movable trade fixtures, including propriety banking trade fixtures such as bank vault(s) and safe deposit boxes, and, at Landlord’s option, Tenant shall also remove any ATM location in the Premises or the Shopping Center installed by or on behalf of Tenant at any time installed by Tenant in, upon or to the interior or exterior of the Premises; and Tenant further agrees to repair any damage caused by such removal thereby. If Tenant shall fail to remove any of the Tenant's Property, the requested Alterations ’s Personal Property and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cablingsuch property shall, furnishingsat the option of Landlord, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be storedbecome the exclusive property of Landlord or Landlord shall have the right to remove and store said property, removedat the expense of Tenant, without further notice to or demand upon Tenant, and disposed of hold Tenant responsible for any and all charges and expenses incurred by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordtherefore. If the Premises are is not surrendered at the expiration of the Term or earlier termination of this Lease, as and in accordance with the provisions of this Section 10 and Section 27 belowwhen aforesaid, Tenant shall continue to be responsible for indemnify Landlord against all loss or liability resulting from the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises includingsame, including without limitation, limitation any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant occupant founded on such delay. Tenant’s obligations under this Section shall survive the expiration or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion sooner termination of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm of this Lease.

Appears in 1 contract

Samples: Carroll Bancorp, Inc.

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises with all improvements located therein in good repair and condition, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Articles 12 and 13 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises by Tenant, and shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, and furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Article 17 shall survive the end of the Term. Landlord acknowledges that Tenant may be required by applicable Laws to give its customers a minimum of ninety (90) days notice (a "Customer Closing Notice") before closing its business operation at the Premises. If Tenant is required to provide a Customer Closing Notice, then, notwithstanding anything contained herein to the contrary, except to the extent otherwise required by any Laws, Landlord and Tenant agree that any termination of this Lease or any dispossession of Tenant from the Premises by Landlord prior to the expiration of this Lease shall be effective on the date that is later to occur of the following: (i) the effective date of such termination or dispossession as set forth in a written notice from Landlord (a "Termination Notice"); and (ii) the earlier to occur of (a) in good condition and repair the date that is one hundred (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order100) days after the date Tenant receives such a Termination Notice from Landlord, and (b) in accordance with the provisions last day of Section 27 hereof. Normal wear and tear the then effective Term (which for purposes of this Article 17 shall not include any damage or deterioration Renewal Term only if Tenant has effectively exercised its Renewal Option and the Renewal Term has commenced); provided, however, that would have been prevented by proper maintenance by Tenantunless, or within five (5) business days after receipt of a Termination Notice, Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (deposits with Landlord Rent equal to the extent Landlord has notified Tenant amount of Rent which would be due between the effective date set forth in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises Termination Notice and the other portions date which is one hundred (100) days after the date of the ProjectTermination Notice, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice such failure shall be required), require Tenant, at Tenant's expense, deemed to remove any or all Alterations as to which Landlord notified Tenant, at the time be an Event of consent, that removal would be required; Default and Tenant shall remove such requested Alterations from the Premises, be deemed to be holding over and (iii) shall be subject to the extent rights and remedies of Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property those set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsArticle 18 hereof.

Appears in 1 contract

Samples: Lease Agreement (Privatebancorp Inc)

Surrender of Premises. At Any alterations, improvements or additions to --------------------- the Leased Premises made in accordance with Landlord's Work, as same may have been modified from time to time throughout construction of the Leased Premises shall remain upon the Leased Premises at the expiration of the Term or earlier termination of this LeaseLease and shall become the property of Landlord. Any alterations, improvements or additions to the Leased Premises made after substantial completion of the Leased Premises shall remain upon the Leased Premises at the expiration or earlier termination of this Lease and shall become the property of Landlord, unless, Landlord, at the time of Landlord's approval of plans for same, shall have given written notice to Tenant to remove such alterations, improvements and additions. In such event, Tenant shall surrender repair any damage caused by the removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required by Landlord (a) in good condition and repair (damage by acts of Godso to do pursuant to this Section 17, casualtyLandlord may do so, and normal wear the reasonable cost and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures expense thereof shall be paid by Tenant to Landlord as Additional Rent. Any personal property which shall remain in good condition and working order, and (b) in accordance with the provisions Leased Premises or any part thereof after the expiration or earlier termination of Section 27 hereof. Normal wear and tear this Lease shall not include any damage or deterioration that would be deemed to have been prevented abandoned and either may be retained by proper maintenance by TenantLandlord as Landlord's property or may be disposed of in such manner as Landlord may see fit, or provided that notwithstanding the foregoing Tenant otherwise performing all shall, upon request of its obligations under this Lease. On or before Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, (i) Tenant shall promptly remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, Building any such personal property at Tenant's own cost and expense. Should Tenant fail so to do, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesmay do so, and (iii) the reasonable cost and expense thereof shall be paid by Tenant to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsas Additional Rent. Tenant shall repair any damage caused by If such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein or any part thereof shall be deemed abandoned sold by Landlord, Landlord may receive and may be stored, removed, and disposed retain the proceeds of by Landlord at Tenant's expense, and Tenant waives all claims against such sale(s) as are necessary to reimburse Landlord for any damages resulting from Landlord's retention and disposition its expenses in connection with the disposal of such personal property; provided, howeverwith the remainder, if any, being delivered to Tenant forthwith. The covenants contained in this Section 17 shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at survive the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Collagenex Pharmaceuticals Inc

AutoNDA by SimpleDocs

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-clean condition and repair including cleaning of interior surface of all walls, flooring, ceiling and/or any roof deck due to Tenant’s specific use (damage with such cleaning by acts of Godcommercial cleaning application as approved by Landlord), casualty, and normal reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Tenant will remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option as described in Section 8(a), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and Tenant shall (bnot later than ten (10) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before days after the expiration or earlier termination of this the Lease) remove such Specialty Alterations, (i) as well as wiring, conduits, or cabling installed by Tenant; however, Tenant shall not be required to remove the Permitted Improvements (to the extent Landlord has notified initial Tenant in writing of such removal as Improvements, nor shall Tenant be required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any other improvement or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) addition to the extent Premises or the Project if Landlord has advised Tenant on specifically agreed in writing that such other improvement or about the time that the Tenant Improvements were constructed and installed addition in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsquestion need not be removed. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s 45 option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, ’s cost without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. If the Premises are not surrendered at The provisions of this Section 20 shall survive the expiration of the Term or earlier termination of this the Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Corcept Therapeutics Inc)

Surrender of Premises. At the expiration (a) Upon termination of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) Landlord, broom clean, and in good condition order and repair (damage by acts of Godcondition, casualty, and normal except for ordinary wear and tear excepted)and damage by Casualty or Condemnation. Tenant shall remove its machinery or equipment and repair any damage to the Premises caused by such removal. Tenant shall not remove any power wiring or power panels, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working orderlighting or lighting fixtures, and wall coverings, blinds or other window coverings, carpets or other floor coverings, or heaters or air conditioners, unless Landlord, by notice to Tenant, elects to have any of the foregoing removed by Tenant (b) in accordance with subject to the provisions of Section 27 14(b) hereof. Normal wear and tear ), in which event the same shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage be removed from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a or earlier termination of the Term of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the PremisesLease, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by to the Premises due to such removal removal. All property of Tenant remaining on the Premises after Tenant’s surrender of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein Premises shall be deemed abandoned and at Landlord’s election may either be retained by Landlord or may be stored, removed, and disposed of by Landlord removed from the Premises at Tenant's ’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, . Tenant shall remain liable deliver to Landlord for all costs incurred in storing and disposing keys to the Premises. Notwithstanding anything to the contrary contained herein (but subject to the provisions of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain Section 14(b)(i) hereof), in the Premises as the property of Landlord. If event that the Premises are not surrendered at used by a subtenant or assignee (other than pursuant to a Permitted Transfer) for any purpose other than general office use in accordance with the expiration of terms hereof, upon the Term Expiration Date or earlier termination of the Term of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue restore the Premises so as to cause the same to be responsible for in substantially the payment of Rent (same condition as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion were upon Tenant’s completion of the Premises Initial Work (including the substantially same ratio of office space to any such succeeding tenant non-office space), reasonable wear and tear and damage from Casualty or prospective tenant, together with, in each case, actual attorneys' fees and costsCondemnation excepted.

Appears in 1 contract

Samples: Agreement of Lease (Kulicke & Soffa Industries Inc)

Surrender of Premises. At On expiration or termination of the term of the Sublease, Sublessee shall surrender to Sublessor the Premises and all Sublessee's improvements and alterations in good condition (except for ordinary wear and tear occurring after the last maintenance made by Sublessee and destruction to the Premises as covered by section 15), provided, however, if Sublessee, with Sublessor's and Lessor's consent, elects to remove any alterations or Sublessee's personal property, Sublessee shall, at Sublessee's sole cost and expense, restore the Premises by the expiration or within 3 days of the expiration of the Term term of the Sublease. Sublessor can elect to retain or earlier termination dispose of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall any manner any alterations or Sublessee's personal property that Sublessee does not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions on expiration or termination of the Project, (ii) Landlord may, term of the Sublease as allowed or required by this Sublease by giving at least 5 days' notice to Tenant given not later than ninety (90) days prior Sublessee. Title to the Expiration Date (except in the event any such alterations or Sublessee's personal property that Sublessor elects to retain or dispose of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions expiration of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant 5 day period shall remove the Removable TIsvest in Sublessor. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant Sublessee waives all claims against Landlord Sublessor for any damage to Sublessee resulting from Sublessor's retention or disposition of any such alterations or Sublessee's personal property. Sublessee shall be liable to Sublessor for Sublessor's cost of storing, removing, and disposing of any alterations or Sublessee's personal property and of restoration of the Premises after such removal. If Sublessee fails to surrender the Premises on expiration of the term as required by this section, Sublessee shall pay Sublessor as rent during any such holdover period one and one-half (1 1/2) times rent due under this Sublease, and Sublessee shall agree to indemnify and hold Sublessor harmless from all damages resulting from LandlordSublessee's retention and disposition of such property; providedfailure to surrender the Premises, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any a succeeding tenant Sublessee or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsLessor.

Appears in 1 contract

Samples: Jb Oxford Holdings Inc

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofTenant. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before At the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (iiiA) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing: (i) Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises; and (ii) Landlord acknowledges and agrees that the Landlord’s Work installed in accordance with the Work Letter attached to this Lease shall not be deemed a Special Installation hereunder. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within two (2) days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within thirty (30) days after written notice, Landlord has advised may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to five (5) days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro One Buckhead Plaza/Safety Quick Light LLC 21 Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions before such earlier date of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstermination. Tenant shall repair any damage caused by such the installation or removal of the Tenant's ’s Removable Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease (Safety Quick Lighting & Fans Corp.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in at least as good of condition and repair as of the Commencement (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Property (as hereinafter defined) and Tenant's ’s signage from the Premises and the other portions of the Project, and (ii) Landlord may, if notice was provided to Tenant at the time of granting Landlord its consent as required under Section 10.1, or if Tenant did not then request such decision by Landlord pursuant to Section 10.1 then by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's ’s expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, Tenants Property and the requested Alterations and the Removable TIsAlterations. For purposes hereof, the term "Tenant's ’s Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Tenant Any of Tenant's ’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's ’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's ’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.)

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

Surrender of Premises. At the On expiration or 10 days after termination of the Term or earlier termination of this Leaseterm, Tenant shall surrender the Premises to Landlord (a) the premises and all tenant’s improvements and alterations in good condition and repair (damage by acts of God, casualty, and normal except for ordinary wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with occurring after the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper last necessary maintenance made by Tenant, destruction to the premises, and alterations and improvements that Tenant has the right to remove or Tenant otherwise performing all of its obligations under this Leaseis obligated to remove. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all its personal property within the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsabove stated time. Tenant shall repair any damage caused perform all restoration made necessary by such the removal of any alterations or tenant’s personal property within the Tenant's Property, time periods stated in this paragraph. Landlord can elect to retain or dispose of in any manner any alterations or tenant’s personal property that Tenant does not remove from the requested Alterations and the Removable TIs. For purposes hereof, premises on expiration or termination of the term "as allowed or required by this lease by giving at least 10 days’ notice to Tenant's Property" shall mean and refer . Title to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and any such alterations or tenant’s personal property that Landlord elects to retain or dispose of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I heretoexpiration of the 10-day period shall vest in Landlord. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages damage to Tenant resulting from Landlord's ’s retention and or disposition of any such alterations or tenant’s personal property; provided, however, . Tenant shall remain be liable to Landlord for all Landlord’s costs incurred in storing for storing, removing, and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordany alterations or tenant’s personal property. If Tenant fails to surrender the Premises are not surrendered at the premises to Landlord on expiration or 10 days after termination of the Term or earlier termination of term as required by this Lease, and in accordance with the provisions of this Section 10 and Section 27 belowparagraph, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) Landlord harmless from and against any and all damagesdamages resulting from Tenant’s failure to surrender the premises, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any a succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due Tenant’s failure to lost opportunities to lease any portion of surrender the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costspremises.

Appears in 1 contract

Samples: GNLV Corp

Surrender of Premises. (a) At the expiration end of the Term or earlier any renewal thereof or other sooner termination of this Lease, Tenant shall surrender the Premises will peaceably deliver to Landlord (a) possession of the Premises, together with all improvements or additions upon or belonging to Landlord , by whomsoever made, in good substantially the same condition as received, or first installed, subject to the terms of Paragraphs 6, 21 and repair (damage by acts of God39, casualty, and subject to normal wear and tear excepted)and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20. Tenant may, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with upon the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (all movable furniture and equipment belonging to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expensesole cost, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises provided that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair repairs any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned and may be stored, removedby Tenant, and disposed title to the same shall thereupon pass to Landlord. Upon such expiration or sooner termination of the Term, Tenant shall upon demand by Landlord Landlord, at Landlord's election either (i) at Tenant's sole cost and expense, forthwith and with all due diligence remove any Tenant waives all claims against Modifications, Tenant Improvements or Alterations made by or for the account of Tenant, designated by Landlord for any damages resulting from Landlord's retention and disposition of such property; to be removed (provided, however, that upon the written request of Tenant shall remain liable prior to Landlord for all costs incurred in storing and disposing installation of such abandoned property of Tenant. All Tenant Modifications, Tenant Improvements and or Alterations, Landlord shall advise Tenant at that time whether or not such Tenant Modifications, Tenant Improvements or Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at must be removed upon the expiration of the Term or earlier sooner termination of this Lease), and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of restore the Premises to any its original condition as of the Delivery Date (or with respect to Tenant Modifications, restore the Base Building to its condition prior to such succeeding tenant Tenant Modifications being made), subject to the foregoing; or prospective tenant, together with, in each case, actual attorneys' fees and costs(ii) pay Landlord the reasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofTenant. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before At the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (iiiA) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (B) Tenant’s personal property. Tenant shall not be required to remove any Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building so long as Tenant’s Cable is properly labeled or tagged in accordance with applicable ordinances. Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord has advised may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions before such earlier date of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstermination. Tenant shall repair any damage caused by such the installation or removal of the Tenant's ’s Removable Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Surrender of Premises. At the Tenant shall, upon expiration of the Term or earlier sooner termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to same condition as existed on the scheduled Expiration Commencement Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned all interior walls cleaned, all holes in walls repaired, all carpets vacuumed, all HV AC equipment in operating order and may be stored, removedin good repair, and disposed of by Landlord at Tenant's expenseall floors cleaned, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Tenant waives shall remove all claims against Landlord for any damages resulting of its debris from Landlord's retention and disposition the Project. At or before the time of such property; provided, howeversurrender, Tenant shall remain liable comply with the terms of Paragraph 11.A hereof with respect to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordand all other matters addressed in such Paragraph. If the Premises are not so surrendered at the expiration of the Term or earlier sooner termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant Paragraph 24 hereof shall continue apply. All keys to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so or any part thereof shall be surrendered in accordance with said provisionsto Landlord upon expiration or sooner termination of the Term. Tenant shall indemnify, defend and hold the Indemnitees give written notice to Landlord at least thirty (hereafter defined30) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering days prior to vacating the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and shall meet with Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such succeeding tenant notice or prospective tenantparticipate in such joint inspection, together withLandlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 34 beyond the term hereof, in each case, actual attorneys' fees and costsshall constitute holdover possession of Premises under Paragraph 24 hereof.

Appears in 1 contract

Samples: Industrial Lease (Guardion Health Sciences, Inc.)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the combination to all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, Tenant shall surrender the Premises or Tenant’s right to Landlord (a) in good condition and repair (damage by acts of Godpossession hereunder, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expense’s sole cost and expenses, shall be entitled to remove any and/or store such Tenant’s Property and Landlord shall, in no event, be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasestorage, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same case may be increased pursuant be, within thirty (30) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and title thereof shall immediately pass to Landlord made under this Lease as by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion a xxxx of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssale.

Appears in 1 contract

Samples: Office Lease Agreement (Mammoth Energy Services, Inc.)

Surrender of Premises. At Upon the expiration or sooner termination of the Term or earlier termination of this LeaseLease Term, Tenant shall agrees to quit and surrender the Premises to Landlord (a) Premises, broom-clean, in good condition and repair (damage by acts of Godrepair, casualtyreasonable use, and normal wear and tear tear, natural deterioration and insured casualty excepted), but together with all non-working light bulbs keys and ballasts replaced combinations to locks, safes and vaults and all roll-up doors improvements, alterations, additions, signs, trade fixtures, lighting fixtures and plumbing fixtures in good condition and working orderequipment at any time made or installed in, and (b) in accordance with upon or to the provisions interior or exterior of Section 27 hereof. Normal wear and tear shall not include the Premises, except personal property, all of which shall, at Landlord's option, then become the property of Landlord without any damage or deterioration that would have been prevented by proper maintenance claim by Tenant, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or Tenant otherwise performing all in lieu of its obligations under this Leaseany rent reserved hereunder. On or before Before surrendering the expiration or earlier termination of this LeasePremises, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) personal property and, at Landlord's option, Tenant shall also remove any alterations, additions, signs, trade fixtures and Tenant's signage from the Premises other fixtures, equipment and the other portions of the Projectdecorations at any time made or installed by Tenant in, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior upon or to the Expiration Date (except in the event interior or exterior of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) Tenant further agrees to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsthereby. For purposes hereof, the term "Tenant's Property" If Tenant shall mean and refer fail to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any remove any of Tenant's Property not so removed said personal property and any alterations, additions, signs, trade fixtures and other fixtures, equipment and decorations demanded by Tenant as required herein shall Landlord to be removed, said property shall, at the option of Landlord, either be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in become the Premises as the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If Tenant shall leave any of said property on the Premises with Landlord's consent, then Tenant shall have no further responsibilities with respect to said property. If the Premises are be not surrendered at the expiration of the Term or earlier termination of this Lease, as and in accordance with the provisions of this Section 10 when aforesaid and Section 27 belowafter Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall continue to be responsible for indemnify Landlord against all loss or liability resulting from the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises same, including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any succeeding tenant or prospective tenant occupant founded on such delay. Tenant's obligations under this Paragraph shall survive the expiration or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion sooner termination of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsLease Term.

Appears in 1 contract

Samples: Lease Agreement (Quad City Holdings Inc)

Surrender of Premises. At Subject to the expiration satisfaction of the Term or earlier termination of this LeaseCondition Precedent, Tenant shall hereby agrees to vacate the Premises and surrender and deliver exclusive possession of the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) on or before the Termination Date in accordance with the provisions of Section 27 hereofthe Lease pertaining to the vacation and surrender of the Premises by Tenant at the end of the Lease Term, including, without limitation, Articles 8 and 15 of the Lease. Normal wear Except as otherwise agreed upon in writing by Tenant and tear Third Party Tenant (the "Written Agreement", a copy of which shall not include be provided by Tenant to Landlord prior to the Termination Date), on or before the Termination Date, Tenant shall, at Tenant’s sole cost and expense, remove or cause to be removed from the Premises any damage or deterioration that would have been prevented by proper maintenance by and all of Tenant's personal property, and such similar articles of any other persons claiming under Tenant, or as well as any improvements and/or alterations required to be removed by Tenant otherwise performing all under the terms of its obligations under this Lease. On or before the Lease upon the expiration or earlier termination of this the Lease, including, without limitation, the Exterior Sign from the Building (ias further provided in Section 23.5 of the Lease), but not including the furniture, fixtures and equipment ("FF&E") set forth on Exhibit A so long as Tenant provides Landlord with the Written Agreement as provided above. Tenant shall remove deliver the Permitted Improvements (Premises to the extent Landlord has notified in a broom-clean condition. Tenant in writing of such removal as required in Section 10.1 above) shall immediately repair at its own expense all of Tenant's Property (as hereinafter defined) and Tenant's signage from damage to the Premises and the other portions of the Project, (ii) Landlord may, by notice Building resulting from any such removal. If Tenant fails to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that complete such removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall and/or repair any damage caused by such removal removal, Landlord may (but shall not be obligated to) do so and may charge the reasonable and actual cost thereof to Tenant. In the event Tenant fails to surrender the Premises by the Termination Date in the condition required hereunder, then the provisions of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of TenantLease, including, but not limited towithout, limitation, Article 16 of the Lease, shall apply, provided that Tenant's property set forth on Exhibit I hereto. Any continued occupancy of Tenant's Property not so removed by Tenant as required herein the Premises after the Termination Date shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsa tenancy-at-sufferance.

Appears in 1 contract

Samples: Lease Termination Agreement (Healthequity, Inc.)

Surrender of Premises. At Upon the expiration of the Term or earlier sooner termination of this Lease, Tenant shall surrender all keys for the Premises and exclusive possession of the Premises to Landlord (a) broom clean and in good the condition and repair (received and thereafter improved, excepting reasonable wear and tear, casualty damage by acts of God, casualtywhich is not Tenant’s obligation to repair hereunder, and normal wear and tear excepted)maintenance, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working orderrepair, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration replacement obligations that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its are Landlord’s express obligations under this Lease, with all of Tenant’s personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (other than those items installed in connection with the Tenant Improvements) and those items, if any, of Alterations identified by Landlord pursuant to Section 13.2, removed therefrom and all damage caused by such removal repaired. On Notwithstanding the foregoing, Tenant shall not be required to remove or before restore the loading doors in the Premises, or any of the initial Landlord Improvements or Tenant Improvements at the expiration or earlier termination of this Lease, (i) . If Tenant shall fails to remove by the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a expiration or sooner termination of this Lease prior all of its personal property and Alterations identified by Landlord for removal pursuant to the scheduled Expiration DateSection 13.2, in which event no advance notice shall be requiredLandlord may, (without liability to Tenant for loss thereof), require Tenant, at Tenant's expense’s sole cost and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove sell all or portions any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the proceeds of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer sale to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable amounts due to Landlord for all under this Lease from Tenant (including Xxxxxxxx’s attorneys’ fees and other costs incurred in storing and disposing the removal, storage and/or sale of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Leaseitems), and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue any remainder to be responsible for the payment of Rent (as the same may be increased pursuant paid to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTenant.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located. therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or Tenant otherwise performing as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Xxxxxx has performed all of its obligations under this Lease. On or before the expiration or earlier termination of this Leasehereunder, (i) Tenant shall may remove the Permitted Improvements (to the extent Landlord has notified Tenant all unattached trade fixtures, furniture, and personal property placed in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except or elsewhere in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Building by Tenant. Additionally, at Tenant's expenseLandlord’s option, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (iiiincluding Tenant’s Off-Premises Equipment) to the extent as Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Landlord hereby confirms that Xxxxxx is required to remove the Removable TIswiring, conduits and cabling to be installed by Tenant as a part of Tenant’s Work. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the applicable Laws. The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Rocket Companies, Inc.)

Surrender of Premises. At Upon expiration of the Term, Tenant shall surrender to Landlord the Premises and all tenant Improvements and Alterations clean and in the same condition as existed at the Commencement Date, except for ordinary wear and tear, casualty, and condemnation, Alterations which Tenant has the right or is obligated to remove under the provisions of ¶14 herein, and Hazardous Materials that (a) exist on the Premises as of the Commencement Date, (b) result from underground migration from property outside of the Business Park, and (c) have been released at the Business Park by other tenants of the Business Park. Tenant shall remove all personal property including, without limitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any Alterations or Tenant’s fixtures, furnishings, equipment and other personal property before the expiration of the Term Term, including, for example, restoring all wall surfaces to their condition as of the Commencement Date. In any event, Tenant shall cause the following to be done prior to the expiration or earlier the sooner termination of this Lease: (i) all interior walls shall be cleaned; (ii) all tiled floors shall be cleaned; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, Tenant marred, stained or nonconforming acoustical ceiling tile shall surrender be replaced; (v) all exterior and interior windows shall be washed; (vi) the Premises to Landlord (a) HVAC system shall be serviced by a reputable and licensed service firm and left in good operating condition and repair as so certified by such firm; and (damage by acts of God, casualty, vii) the plumbing and normal wear electrical systems and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures lighting shall be placed in good condition order and working orderrepair (including replacement of any burned out, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage discolored or deterioration that would have been prevented by proper maintenance by Tenantbroken light bulbs, ballasts, or Tenant otherwise performing all lenses). Landlord can elect to retain or dispose of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of any manner permitted by law Tenant's Property (as hereinafter defined) and Tenant's signage ’s personal property not removed from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions expiration of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsTerm. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages damage to Tenant resulting from Landlord's ’s retention and or disposition of such property; provided, however, Tenant’s personal property in compliance with law. Tenant shall remain be liable to Landlord for all costs incurred in storing Landlord’s cost for storage, removal and disposing of such abandoned property disposal of Tenant’s personal property. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in Notwithstanding the Premises as the property of Landlord. If the Premises are not surrendered at the foregoing, upon expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue not be required to be responsible for remove the payment of Rent (as the same may be increased following Alterations that have been approved pursuant to Section 20 29 below: (a) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnifynew enclosure surrounding the loading dock door, defend and hold (b) the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises office area improvements crosshatched on Exhibit F attached hereto, and (c) the 30 ton HVAC unit to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsbe installed on the lower roof of the Building which will service the warehouse portion of the Premises.

Appears in 1 contract

Samples: 3PAR Inc.

Surrender of Premises. At Upon the expiration of the Term this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or earlier termination of this Lease, Tenant shall surrender built into the Premises in such a manner as to Landlord (a) in good condition become part of the freehold, whether or not by or at the expense of Tenant, shall become and repair (damage by acts remain a part of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance be surrendered with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration Premises, except that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (Landlord may elect to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenantof such fixtures, at the time of consentequipment, that removal would be required; improvements and appurtenances, and Tenant shall remove such requested Alterations from restore the Premises to as good condition as existed on the Commencement Date subject to the conditions and terms previously set forth in Section 14. Any furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises, shall be and (iii) to shall remain the extent Landlord has advised property of Tenant on or about and may be removed by it any time during the time term of this Lease; provided that the Tenant Improvements were constructed and installed in the Premises that Tenant if any of Tenant's property is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")removed, Tenant shall remove repair or pay the Removable TIs. Tenant shall repair cost of repairing any damage caused by to the Premises resulting from such removal removal. Within Five (5) business days of Tenant’s surrendering the Premises, Landlord can elect to retain or depose of in any manner any alterations or Tenant's fixtures that Tenant does not move from the Premises on expiration or termination of the term as allowed or required by this Lease by giving at least Thirty (30) days' notice to Tenant. Title to any such alterations or Tenant's Property, fixtures that Landlord elects to retain or dispose of on expiration of the requested Alterations and the Removable TIsThirty (30) day period shall vest in Landlord. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages damage to Tenant resulting from Landlord's retention and or disposition of any such property; provided, however, alterations or Tenant's fixtures. Tenant shall remain be liable to Landlord for all Landlord's costs incurred in storing for storing, removing, and disposing of such abandoned property any of Tenant. All Tenant Improvements 's personal property, and Alterations except those which Landlord requires Tenant for Landlord's costs for repairing any damage to remove shall remain in the Premises as the property of Landlordoccasioned by such removals. If Tenant fails to surrender the Premises are not surrendered at to Landlord upon the expiration or termination of the Term or earlier termination of term as required by this Lease, and in accordance with the provisions of this Section 10 and Section 27 belowSection, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) Landlord harmless from and against any and all damagesdamages resulting from Tenant's failure to surrender the Premises, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any a succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, Tenant shall surrender the Premises or Xxxxxx’s right to Landlord (a) in good condition and repair (damage by acts of Godpossession hereunder, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expense’s sole cost and expenses, shall be entitled to remove any and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasestorage, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same case may be increased pursuant be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and title thereof shall immediately pass to Landlord made under this Lease as by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion a bill of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssale.

Appears in 1 contract

Samples: Office Lease Agreement

Surrender of Premises. At the Upon termination or earlier expiration of this Lease, or upon the Term exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease, Tenant will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or cause to be removed, from the Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, Tenant shall surrender all of Tenant’s signs, notices, displays, millwork, movable trade or business fixtures, or, subject to Subsection 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building (provided, that Landlord shall, upon Tenant’s written request, notify Tenant in writing at the time of Landlord’s approval of any plans or specifications for Alterations to the Premises as to those Alterations which Landlord (a) in good condition and repair (will require to be removed at the expiration or termination of this Lease). Tenant agrees to repair, at Tenant’s expense, any damage by acts to the Premises or the Building resulting from the removal of Godany articles of personal property, casualtymovable business or trade fixtures, and normal wear and tear excepted)machinery, but with all equipment, furniture, movable partitions or non-working light bulbs Building standard tenant improvements, including without limitation, repairing the floor and ballasts replaced patching and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with painting the provisions of Section 27 hereofwalls where reasonably required by Landlord. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its ’s obligations under this Lease. On or before Section 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, (i) Tenant shall Landlord, may, at Landlord’s option, remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable. Any property of Tenant remaining in the other portions of the Project, Premises ten (ii) Landlord may, by notice to Tenant given not later than ninety (9010) days prior to after the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this LeaseLease will be deemed to have been abandoned by Tenant, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same such case such items may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered retained by Landlord due as Landlord’s property or disposed of by Landlord without accountability to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together withTenant, in each casesuch manner as Landlord determines, actual attorneys' fees and costsat Tenant’s expense.

Appears in 1 contract

Samples: Office Building Lease (Avatar Systems Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair condition, free of Hazardous Materials placed on the Premises during the Term (damage by acts of Godor Tenant's pre-Term occupancy period), casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with shall deliver to Landlord all keys to the provisions of Section 27 hereofPremises. Normal wear and tear shall not include any damage or deterioration Provided that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing has performed all of its obligations under this Leasehereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). On or before the expiration or earlier termination of this Lease, (i) Tenant shall will remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's its exterior signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantBuilding. Additionally, at TenantLandlord's expenseoption, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (iiiincluding Tenant's Off-Premises Equipment) to the extent as Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")may request; however, Tenant shall not be required to remove any addition or improvement to the Removable TIsPremises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal, including any damage caused by such the removal of the Tenant's Property, the requested Alterations and the Removable TIsexterior signage. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from such disposition shall not be considered a strict foreclosure or other exercise of Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred rights in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration respect of the Term or earlier termination of this Lease, and in accordance with the security interest granted under Section 20. The provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for 21shall survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Cirtran Corp)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition and repair (damage by acts condition, free of GodHazardous Materials placed on .the Premises during the Term in violation of Laws, casualtybroom-clean, and normal reasonable wear and tear excepted)(and condemnation and Casualty damage, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord notified Tenantall keys to the Premises. Tenant may remove all trade fIXtures, at furniture, and personal property placed in the time of consentPremises or elsewhere in the Buildings by Tenant (but Tenant may not remove any wiring or cabling unless Landlord requires such removal). Additionally, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")additions, Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipmentimprovements, trade fixtures, computer wiring and personal property, equipment, wiring, conduits, cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, furniture (including Tenant's property set forth on Exhibit I hereto. Any Off-Premises Equipment) as Landlord designated in writing for removal as part of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from or in connection with Landlord's retention and disposition approval of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent any applicable plans (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, Tenant's Working Drawings, as set forth in Exhibit D and/or Exhibit J attached hereto (but Landlord shall not unreasonably require removal of customary office fIXtures and improvements)); however, Tenant shall not be required to remove any damagesadditions, expensesfIXtures or improvements to the Premises or the Complex if Landlord has not specifically elected in writing that the improvement or addition in question needs to be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, costsat Landlord's option, losses be deemed to have been abandoned by Tenant and may be appropriated,sold, stored, destroyed, or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered otherwise disposed of by Landlord due without notice to lost opportunities Tenant and without any obligation to lease account for such items; any portion such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssecurity interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, Tenant shall surrender the Premises or Tenant’s right to Landlord (a) in good condition and repair (damage by acts of Godpossession hereunder, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expense’s sole cost and expenses, shall be entitled to remove any and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal of and all storage charges against such property so long as the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein same shall be deemed abandoned and may be stored, removed, and disposed in possession of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in or under the Premises as the property control of Landlord. If In addition, if Tenant fails to remove any Tenant’s Property from the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasestorage, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same case may be increased pursuant be, within ten (10) business days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against and title thereof shall immediately pass to Landlord made under this Lease as by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion a xxxx of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costssale.

Appears in 1 contract

Samples: Office Lease Agreement (Wageworks, Inc.)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this LeaseLease or Tenant's right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defineddefined in Article XV) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed quit and installed in surrender the Premises that to Landlord, broom clean, in as good order, condition and repair as received by Tenant is (except with respect to remove all any repairs, replacements or portions Alterations performed by Landlord or Tenant, or on behalf of Tenant, during the Term of this Lease which repairs, replacements or Alterations are in better order, condition or repair as of the items comprising the Tenant Improvements (the "Removable TIs"date received by Tenant, which repairs, replacements or Alterations shall be surrendered to Landlord in good order, condition and repair), Tenant shall remove the Removable TIsordinary wear and tear and damage by fire or other casualty for which Landlord is required to make repairs hereunder excepted. Tenant shall repair also be required to remove the Required Removables in accordance with Article VIII. If Tenant fails to remove any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be storedwithin 2 days after the termination of this Lease or of Tenant's right to possession, removedLandlord, and disposed of by Landlord at Tenant's sole cost and expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant be entitled (but not obligated) to remove and store Tenant's Property. Landlord shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment value, preservation or safekeeping of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisionsTenant's Property. Tenant shall indemnifypay Landlord, defend upon demand, the expenses and hold the Indemnitees (hereafter defined) harmless storage charges incurred for Tenant's Property. In addition, if Tenant fails to remove Tenant's Property from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises includingor storage, without limitationas the case may be, within 30 days after written notice, Landlord may deem all or any damagespart of Tenant's Property to be abandoned, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due title to lost opportunities Tenant's Property shall be deemed to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, be immediately vested in each case, actual attorneys' fees and costsLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Ziprealty Inc)

Surrender of Premises. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereofTenant. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before At the expiration or earlier termination of this LeaseLease or Tenant’s right of possession, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's ’s Removable Property (as hereinafter defineddefined below) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (iiiA) Cable installed by or for the benefit of Tenant and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, within ten (10) days after written demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord has advised may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions before such earlier date of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIstermination. Tenant shall repair any damage caused by such the installation or removal of the Tenant's ’s Removable Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted)(and condemnation and Casualty damage, but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord notified Tenantall keys to the Premises. Provided that no Event of Default exists or any other condition exists which with the passage of time, the giving of notice, or both, could constitute an Event of Default, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at the time of consentLandlord’s option, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (iiiincluding Tenant’s Off-Premises Equipment) to the extent as Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")may request; however, Tenant shall not be required to remove any addition or improvement to the Removable TIsPremises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord. If the Premises are not surrendered at the expiration ’s rights in respect of the Term or earlier termination of this Lease, and in accordance with the security interest granted under Section 20. The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts working condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and shall deliver to Landlord all keys and key cards to the Premises. Tenant shall remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Complex by Tenant and repair any damage caused by such removal (b) but Tenant may not remove any such item which was paid for, in accordance with whole or in part, by Landlord and any Tenant Improvements as defined in Exhibit D attached hereto, or any wiring or cabling installed as part of Tenant’s Work as defined in Exhibit D attached hereto). Additionally, at Landlord’s option, Tenant shall remove those Tenant’s Alterations requiring Landlord’s approval pursuant to the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant8 if, or Tenant otherwise performing all as a condition of its obligations under this Lease. On or before such approval, Landlord required removal of the same upon the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"). In addition, Tenant shall remove Tenant’s Signage in accordance with the Removable TIsprovisions of Section 8 herein. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, ’s sole cost and expense without notice to Tenant waives all claims against Landlord and without any obligation to account for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenantitems. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the The provisions of this Section 10 and Section 27 below, Tenant 20 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Surrender of Premises. At the On expiration of the Term or earlier termination of this Leaseterm, Tenant shall surrender the Premises to Landlord (a) the premises and all Tenant’s improvements and alterations in good condition and repair (damage by acts of God, casualty, and normal except for ordinary wear and tear exceptedoccurring after the last necessary maintenance made by Tenant and destruction to the premises covered by Paragraph 14), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with except for alterations that Tenant has the right to remove or is obligated to remove under the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and its personal property of Tenantproperty, including, but not limited to, trade fixtures and furnishings, within the above stated time. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant's ’s personal property set forth within the time periods stated in this paragraph. Landlord can elect to retain or dispose of in any manner any alterations or Tenant’s personal property that Tenant does not remove from the premises on Exhibit I heretoexpiration or termination of the term as allowed or required by this Lease by giving at least ten (10) days notice to Tenant. Any Title to any such alterations or Tenant’s personal property that Landlord elects to retain or dispose of Tenant's Property not so removed by Tenant as required herein on expiration of the ten (10) day period shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and vest in Landlord. Tenant waives all claims against Landlord for any damages damage to Tenant resulting from Landlord's ’s retention and or disposition of any such alterations or Tenant’s personal property; provided, however, . Tenant shall remain be liable to Landlord for all Landlord’s costs incurred in storing for storing, removing, and disposing of such abandoned property of any alterations or Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord’s personal property. If Tenant fails to surrender the Premises are not surrendered at the premises to Landlord on expiration of the Term or earlier termination of term as required by this Lease, and in accordance with the provisions of this Section 10 and Section 27 belowparagraph, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) Landlord harmless from and against any and all damagesdamages resulting from Tenant’s failure to surrender the premises, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord claims made by any a succeeding tenant or prospective tenant founded on or Tenant resulting from such delay and losses and damages suffered by Landlord due Tenant’s failure to lost opportunities to lease any portion of surrender the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costspremises.

Appears in 1 contract

Samples: Lease Agreement (Fox Factory Holding Corp)

Surrender of Premises. At (a) Upon the expiration of the Term or earlier termination of this Lease, Tenant shall surrender and vacate the Premises (including, without limitation, as to Roof Equipment and signage) immediately and deliver possession thereof to Landlord (a) in a clean, good condition and repair (damage by tenantable condition, ordinary wear and tear, acts of God, casualtycasualties, and normal wear and tear exceptedcondemnation, Hazardous Materials (other than those released by Tenant), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Tenant Additions or other improvements which Tenant is not required to remove at the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) the Lease and damage caused by Landlord excepted. Under no condition shall Tenant be required to remove any of the initial Tenant Improvements constructed in the Premises. Tenant shall remove the Permitted Improvements (deliver to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from keys to the Premises and the Building. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant's trade fixtures. Tenant shall be entitled to remove such Tenant Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other portions Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Materials. Tenant immediately shall repair all damage resulting from removal of any of Tenant's property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises and the Building. If any of the ProjectTenant Additions which were installed by Tenant involved the lowering of ceilings, (ii) Landlord mayraising of floors or the installation of specialized wall or floor coverings or lights, by notice then Tenant shall also be obligated to Tenant given not later than ninety (90) days return such surfaces to their condition prior to the Expiration Date (except in the event of a termination commencement of this Lease prior or their installation, as the case may be. In the event Tenant shall fail to the scheduled Expiration Dateremove those item described above, in which event no advance notice Landlord may (but shall not be requiredobligated to), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; providedproperty and store, howeversell, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of or otherwise deal with such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay provided by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costslaw.

Appears in 1 contract

Samples: Office Lease (Doubletwist Inc)

Surrender of Premises. At On the expiration of the Term or earlier termination of this LeaseExpiration Date, Tenant shall quit and surrender the Demised Premises to Landlord together with all alterations, fixtures (a) except trade fixtures, it being understood that, if Tenant removes trade fixtures, Tenant shall exercise reasonable care in good condition and repair (damage by acts of God, casualtydoing so, and normal the Demised Premises shall be restored to the condition it was in prior to the installation of the trade fixtures, reasonable wear and tear excepted), but with all non-working light bulbs installations, additions and ballasts replaced improvements which may have been made in, annexed or otherwise attached thereto, broom clean, and all roll-up doors and plumbing fixtures in good condition and working orderrepair, and (b) in accordance with the provisions of Section 27 hereof. Normal ordinary wear and tear shall not include any excepted, and except for damage by fire or deterioration that would have been prevented by proper maintenance by Tenantother casualty which Landlord is required to repair hereunder, or Tenant unless Landlord provides otherwise performing all of its obligations under in writing. Notwithstanding anything contained in this Lease. On , unless otherwise requested by Landlord to Tenant in writing prior to the end of the Term, Tenant shall be required, on or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions end of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, Term and at Tenant's ’s cost and expense, to remove all Atypical Alterations (as defined in below) made in connection with the initial Tenant Work for any or all Alterations as of the Demised Premises and to which Landlord notified Tenantrestore such portion of the Demised Premises affected by such Atypical Alterations, at and the time of consentremoval thereof, to the condition prior to such initial Tenant Work and otherwise in the condition required under this Lease (it being agreed that removal would be required; and Tenant shall remove such requested Alterations from not be required to remove, or pay for the Premisesremoval of, and (iii) to any other portion of the extent initial Tenant Work). Landlord has advised Tenant on or about the time agrees that provided that the Tenant Improvements were constructed and installed Work reflects the Preliminary Plans (as defined in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"Section 3.01(a) hereof), then the initial Tenant shall remove the Removable TIsWork does not involve any Atypical Alterations. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and Any personal property of Tenant, includingor any subtenant or occupant, but not limited towhich shall remain in or on the Demised Premises after the termination of this Lease and the removal of such Tenant, Tenant's property set forth on Exhibit I hereto. Any subtenant or occupant from the Demised Premises, may, at the option of Tenant's Property not so removed by Tenant as required herein shall Landlord and without notice, be deemed to have been abandoned by such Tenant, subtenant or occupant, and may either be stored, removed, and disposed of retained by Landlord at Tenant's expenseas its property or be disposed of, and without accountability, in such manner as Landlord may see fit. Tenant waives all claims against shall reimburse Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant cost or expense incurred by Landlord in carrying out the foregoing which obligation shall remain liable to survive the Expiration Date. Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses loss or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises damage occurring to any such succeeding tenant property owned by Tenant or prospective any subtenant or occupant. An “Atypical Alteration” means, collectively, any alterations, additions or improvements to the Demised Premises which are not typical alterations, additions or improvements found in similar, Class A office buildings occupied by more than one tenant, together withincluding by way of illustration only and not of limitation, (i) any wet laboratories or (ii) anything which could materially adversely affect the Xxxxxxxxx underfloor duct system installed in each case, actual attorneys' fees and coststhe Building.

Appears in 1 contract

Samples: Lease (Edge Therapeutics, Inc.)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage condition, free of Hazardous Materials placed on the Premises during the Term by acts of Goda Tenant Party, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord notified Tenantall keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at the time of consentLandlord’s option, that removal would be required; and Tenant shall remove such requested Alterations from the Premisesalterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (iiiincluding Tenant’s Off-Premises Equipment) as Landlord may request. Notwithstanding the provisions of the preceding sentence, Tenant may request Landlord’s requirements with respect to the extent removal of such items and Landlord has advised Tenant on or about will respond as to such requirements as follows: (a) if Tenant’s request is made at the time that the Tenant Improvements were constructed and installed in the Premises that Tenant requests approval of such items, Landlord’s response will be given with Landlord’s response to Tenant’s request, or (ii) if Tenant’s request is to remove all or portions of the items comprising the Tenant Improvements made at any other time, Landlord’s response will be given within thirty (the "Removable TIs"), Tenant shall remove the Removable TIs30) days following Tenant’s request. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenantitems. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Ariba Inc)

Surrender of Premises. At Upon the expiration of the Term or earlier termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant shall will at once surrender and deliver up the Premises Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove (the parties hereby agreeing that certain clean room trade fixtures and/or certain mechanical components thereof may be retained by Tenant, subject to review between Landlord and Tenant herein), to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted)including, but with not limited to, replacing all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, except for reasonable wear and working order, and (b) in accordance with the provisions of Section 27 hereoftear. Normal Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier Upon such termination of this Lease, (i) Tenant shall remove any items that are part of the Permitted Tenant Improvements (to the extent of which Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consentTenant's installation of the Tenant Improvements, that removal would Landlord will require be required; removed by Tenant (the "Removed TI's"), all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such the installation or removal of the Tenantany Removed TI's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipmentsuch signs, trade fixtures, computer wiring and cablingfurniture, furnishings, inventoriesfixtures, goods additions and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so improvements which are to be removed from the Premises by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordhereunder. If the Premises are not surrendered Landlord fails to so notify Tenant at the expiration of the Term or earlier least twenty (20) days prior to such termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, then Tenant shall continue to be responsible for remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the payment of Rent (as the same may be increased pursuant to Section 20 belowTenant Improvements) until installed in or about the Premises are so surrendered in accordance with said provisionsby, or on behalf of Tenant. Tenant shall indemnify, defend ensure that the removal of such items and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion repair of the Premises will be completed prior to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and coststermination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Surrender of Premises. At Except for the expiration return of the Term or earlier termination of this Lease, Tenant shall surrender the Premises to Security Deposit by Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before following the expiration or earlier termination of this Lease, (i) Tenant no act by Landlord shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event be deemed an acceptance of a termination surrender of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials (iiias defined in Section 25(i) below) placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord all keys to the extent Landlord Premises. Provided that Tenant has advised performed all of its obligations hereunder, Tenant on or about the time that the Tenant Improvements were constructed may remove all unattached trade fixtures, furniture, and installed personal property placed in the Premises that or elsewhere in the Building by Tenant is to (but Tenant may not remove all any such item which was paid for, in whole or portions of the items comprising the Tenant Improvements (the "Removable TIs"in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove the Removable TIssuch alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, ’s cost without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. If the Premises are not surrendered at The provisions of this Section 21 shall survive the expiration of the Term or earlier termination of this the Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Surrender of Premises. At Upon the expiration of the Term or earlier termination of this Lease, Tenant shall surrender to Landlord the Premises, including all Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 15 below, with all fixtures appurtenant thereto, (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”) free and clear of any occupants or tenancies (including subtenancies) and, subject to Landlord Section 13, in compliance with Laws (aincluding, without limitation, Environmental Laws) and all Encumbrances and in as good condition and repair (damage by acts as existed as of Godthe Commencement Date, casualty, and normal reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in accordance with the provisions of Section 27 hereof. Normal same or better condition as when completed, reasonable wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenantexcepted. For the avoidance of doubt, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant there is a bank vault in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is shall have no obligation to remove all or portions such vault on surrendering the Premises. At the end of the items comprising the Tenant Improvements (the "Removable TIs")Term, Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the all Alterations will belong to Landlord, unless they are Tenant's ’s Personal Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's ’s Personal Property not so removed installed or placed on the Premises by Tenant as required herein or any subtenant or assignee of Tenant, if not removed within thirty (30) days after termination or expiration of this Lease shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of LandlordLandlord without any payment or offset therefor if Landlord so elects, after five (5) business days prior written notice to Tenant. If Landlord shall not so elect, Landlord, after five (5) business days prior written notice to Tenant, may remove such property from the Premises are not surrendered and have it stored at the expiration of the Term or earlier termination of this Lease, Tenant’s risk and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisionsexpense. Tenant shall indemnify, defend repair and hold the Indemnitees (hereafter defined) restore and save Landlord harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering damage to the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made caused by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered removal by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsLandlord.

Appears in 1 contract

Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)

Surrender of Premises. At the Upon termination or earlier expiration of this Lease, or upon the Term exercise by Landlord of Landlord's right to re-enter the Premises without terminating this Lease, Tenant will deliver the Premises to Landlord in a condition comparable to the condition existing on the Commencement Date, ordinary wear, tear and obsolescence only excepted. Tenant will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord's option, remove, or cause to be removed, from the Premises or the Building, at Tenant's expense and as of Expiration Date or earlier termination of this Lease, Tenant shall surrender all of Tenant's signs, notices, displays, millwork, movable trade or business fixtures, or, subject to Subsection 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building. Tenant agrees to Landlord (a) in good condition and repair (repair, at Tenant's expense, any damage by acts to the Premises or the Building resulting from the removal of Godany articles of personal property, casualtymovable business or trade fixtures, and normal wear and tear excepted)machinery, but with all equipment, furniture, movable partitions or non-working light bulbs Building standard tenant improvements, including without limitation, repairing the floor and ballasts replaced patching and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with painting the provisions of Section 27 hereofwalls where reasonably required by Landlord. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its 's obligations under this Lease. On or before Section 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord's option, (ia) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the other portions expense of Tenant. Any property of Tenant remaining in the Project, Premises ten (ii) Landlord may, by notice to Tenant given not later than ninety (9010) days prior to after the Expiration Date (except in the event of a or earlier termination of this Lease prior will be deemed to the scheduled Expiration Datehave been abandoned by Tenant, and in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to Tenant, in which event no advance notice shall be required), require Tenantsuch manner as Landlord determines, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Office Lease Agreement (Nexplore Corp)

Surrender of Premises. No act by Landlord shall be deemed an acceptance --------------------- of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good condition repair and repair (damage by acts condition, free of GodHazardous Materials placed on the Premises during the Term, casualtybroom-clean, and normal reasonable wear and tear excepted), but with all non-working light bulbs (and ballasts replaced condemnation and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall Casualty damage not include any damage or deterioration that would have been prevented by proper maintenance caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. During the Term, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant otherwise performing all of its obligations under this Lease(but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). On All alterations, additions, or before improvements made in or upon the expiration or earlier termination of this LeasePremises shall, (i) Tenant shall remove the Permitted Improvements at Landlord's option (to the extent Landlord has notified be exercised pursuant to following sentence), either be removed by Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date end of the Term (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove repair all or portions of the items comprising the Tenant Improvements (the "Removable TIs"damage caused thereby), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove or shall remain in the Premises as at the property end of the Term without compensation to Tenant. In connection with Landlord. If 's review and approval of any of Tenant's proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations, additions, or improvements prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises are not surrendered and delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Premises at the expiration of the Term, Landlord may not request such removal at the expiration of the Term. A "Removal Notice" means a written notice from Tenant to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord's notice of approval to Tenant with respect to the alterations, additions or earlier termination improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations, additions or improvements prior to the expiration of this Leasethe Term. Notwithstanding the foregoing, if Tenant does not obtain Landlord's prior written consent for any alterations, additions or improvements to the Premises (whether such approval is required hereunder or otherwise), Tenant shall, at Landlord's written request, remove all such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and in accordance with the furniture as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items. The provisions of this Section 10 and Section 27 below, Tenant 21 shall continue to be responsible for survive the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion end of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTerm.

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Surrender of Premises. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration of the Term or earlier termination of this Lease, Tenant shall surrender deliver to Landlord the Premises to Landlord (a) with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-clean condition and repair including cleaning of interior surface of all walls, flooring, ceiling and/ or roof deck due to Tenant’s specific use (damage with such cleaning by acts of Godcommercial cleaning application as approved by Landlord), casualty, and normal reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and shall deliver to Landlord all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (bbut Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before days after the expiration or earlier termination of this the Lease) remove such alterations, additions (iincluding stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove the Permitted Improvements (to the extent Landlord has notified initial Tenant in writing of such removal as Improvements, nor shall Tenant be required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any other improvement or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) addition to the extent Premises or the Project if Landlord has advised Tenant on specifically agreed in writing that such other improvement or about the time that the Tenant Improvements were constructed and installed addition in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIsquestion need not be removed. Tenant shall repair any all damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant as required herein shall be deemed abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by Landlord at Tenant's expense, ’s cost without notice to Tenant and Tenant waives all claims against Landlord without any obligation to account for such items; any damages resulting from Landlord's retention and such disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. If the Premises are not surrendered at The provisions of this Section 21 shall survive the expiration of the Term or earlier termination of this the Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Surrender of Premises. At the expiration Upon termination of this Lease or Xxxxxx’s possession of the Term Premises, Xxxxxx shall surrender possession of the Premises to Landlord in the condition required by Article 8, deliver to Landlord all keys and key cards, and provide to Landlord the combination of any locks or vaults remaining in the Premises. Tenant shall also remove from the Premises all debris and rubbish, all Tenant Property and all Specialty Alterations (“Tenant’s Removal Obligation”). All other Tenant Improvements whether installed by Tenant or Landlord shall be Landlord’s property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Tenant shall Repair all damage to the Premises and Project resulting from the performance of Xxxxxx’s Removal Obligations. At Landlord’s option, any Tenant Property or Specialty Alterations not removed on the Expiration Date or within ten (10) days of the earlier termination of this Lease, Tenant shall surrender Lease or Tenant’s possession of the Premises shall become the property of Landlord without compensation, allowance or credit to Landlord (a) in good condition and repair (damage by acts Tenant. No surrender of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days shall occur prior to the Expiration Date (except in without the event written consent of Landlord notwithstanding the delivery of keys or any other act of Landlord’s Parties. At Landlord’s option a termination surrender of this Lease the Premises prior to the scheduled Expiration Date, in which event no advance notice Date shall be required), require Tenant, at Tenant's expense, to remove any an assignment of the Lease or all Alterations as to which Landlord notified Tenant, at a sublease of the time Premises and shall not be a merger of consent, that removal would be required; and the estate of Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions with the estate of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsProject.

Appears in 1 contract

Samples: Office Lease (Sezzle Inc.)

Surrender of Premises. At 24.1 Upon the expiration of the Term or earlier termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as on the date Tenant took possession, except for (a) in good condition and repair (damage by acts of God, casualty, and normal reasonable wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and tear; (b) in accordance with loss by fire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the provisions Premises at the commencement of Section 27 hereof. Normal wear or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and tear remain a part of the Premises, shall be the property of Landlord, and shall not include any damage or deterioration that would have been prevented by proper maintenance be removed by Tenant, or except as directed by Landlord. Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, shall not be required to remove any leasehold improvements unless (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from is necessary to ensure that the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations as to which Landlord notified Tenant, comply with applicable code at the time of consentsurrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about required at the time that Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of Tenant Improvements were constructed and installed in may be removed by Tenant at any time during the Premises that Tenant Term; provided that, if any of Tenant’s Property is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")removed, Tenant shall remove the Removable TIs. Tenant shall promptly repair any damage caused by to the Premises resulting from such removal of the Tenant's Property, the requested Alterations and the Removable TIsremoval. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein Internal floor coating/concrete hardener shall be deemed abandoned and may be storedleft in sealed condition, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damagesareas that may be damaged by removal of Tenant’s fixtures. All interior walls should be left in good condition, expenses, costs, losses or liabilities arising and any holes from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion removal of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsTenant’s fixtures must be patched.

Appears in 1 contract

Samples: Lease (Nautilus, Inc.)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or otherwise, or upon any termination of Tenant's right to possession without termination of the Term Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or earlier replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear." Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Subject to the Landlord's rights under Section 23 hereof, if Tenant fails to remove any of Tenant's Property within one (1) day after the termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Projectright to possession hereunder, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require TenantLandlord, at Tenant's expensesole cost and expenses, shall be entitled to remove any and/or store such Tenant's Property and Landlord shall be in no event be responsible for the value, preservation or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIssafekeeping thereof. Tenant shall repair pay Landlord, upon demand, any damage and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the Tenant's Propertycontrol of Landlord. In addition, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer if Tenant fails to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of remove any Tenant's Property not so removed from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant's Property to have been abandoned by Tenant as required herein and title thereof shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable immediately pass to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises under this Lease as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costsa bill xx sale.

Appears in 1 contract

Samples: Office Lease Agreement (Integrated Information Systems Inc)

Surrender of Premises. At All improvements to the Premises installed as Landlord Work or Alterations (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Notwithstanding the foregoing, Landlord may, at any time prior to the expiration of the Term or earlier termination date of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to the extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Dateexpiration date, in which event no advance notice shall be required)within one (1) month after, or earlier termination of this Lease or Tenant’s right to possession of the Premises, require Tenant, at Tenant's expense, Tenant to remove any Leasehold Improvements at Tenant’s sole cost upon written notice delivered to Tenant no later than thirty (30) days prior to the then-scheduled expiration date, or all Alterations within one (1) month after the earlier termination of this Lease or Tenant’s right of possession of the Premises, as applicable; provided, however, in no event shall Tenant be required to which remove any Leasehold Improvements unless Landlord notified Tenant, Tenant of such requirement at the time Landlord consented to such Leasehold Improvements. At the expiration or earlier termination of consentthis Lease or Tenant’s right of possession, that removal would be required; and Tenant shall remove such requested Alterations Tenant’s Removable Property (defined below) from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed quit and installed in surrender the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs")Landlord, Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Leasebroom clean, and in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.good order,

Appears in 1 contract

Samples: Office Lease (Aeglea BioTherapeutics, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.